charlie2010
05-11 01:14 AM
My petition was denied my lawyer and i though it was an strong case, i am still waiting for reasons why, but i want to know what is my best choice now. I had a sales contract signed to buy an wonderful business. Could i try to travel to usa with my tourist visa buy the business and try a new process requesting change of status. Could a file a new petition inmediatly. I paid for an expedite process and i think that did not help.
What are the main concerns in this type of visa for usa inmigration: Is it financial concern or what? Where can i read more about it?
Please i will appreciate any advise at all, my family is desperate, we had everything ready to go, we were very very excited in moving to usa and have the business of our dreams.
Please help....
What are the main concerns in this type of visa for usa inmigration: Is it financial concern or what? Where can i read more about it?
Please i will appreciate any advise at all, my family is desperate, we had everything ready to go, we were very very excited in moving to usa and have the business of our dreams.
Please help....
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TexasGC
08-06 02:35 PM
Hi Everyone,
Need some inputs urgently. I recently joined a company. They had posted job offering all over the place without much success. Finally they decided to hire me on H1.
Now while initiating the Green Card process, I am being told
"Nothing can be used from our original recruiting as there are strict guidelines on the resources that must be used for the recruiting (i.e. posted on our website for 10 days and screen shots taken every day, etc.). Everything needs to be started from scratch"
Is this correct? What is the correct process in PERM?
Here is what the Attorney's office says:
"The entire labor certification process, from initial preparation to recruitment to approval of the application, takes about 6 months. However, we will work very closely with your office to complete the necessary steps in the least amount of time feasible. Once we receive the inputs from your office, we will work with you to prepare the job description and minimum requirements. Once that is finalized we will identify the recruitment options and begin recruitment. We must file the application within 180 days from the first date the recruitment begins. Our target date to file is 90 days after the first date the requirement begins"
Please advise. Is all the above correct or is there something being quoted incorrectly.
Best Regards,
TG
Need some inputs urgently. I recently joined a company. They had posted job offering all over the place without much success. Finally they decided to hire me on H1.
Now while initiating the Green Card process, I am being told
"Nothing can be used from our original recruiting as there are strict guidelines on the resources that must be used for the recruiting (i.e. posted on our website for 10 days and screen shots taken every day, etc.). Everything needs to be started from scratch"
Is this correct? What is the correct process in PERM?
Here is what the Attorney's office says:
"The entire labor certification process, from initial preparation to recruitment to approval of the application, takes about 6 months. However, we will work very closely with your office to complete the necessary steps in the least amount of time feasible. Once we receive the inputs from your office, we will work with you to prepare the job description and minimum requirements. Once that is finalized we will identify the recruitment options and begin recruitment. We must file the application within 180 days from the first date the recruitment begins. Our target date to file is 90 days after the first date the requirement begins"
Please advise. Is all the above correct or is there something being quoted incorrectly.
Best Regards,
TG
apb
08-02 07:33 PM
Thing is inspite of these recommendations they reverted the July bulletin with no notice period to public. Not sure why they recommend and have the office Of Ombudsman if USCIS does not implement their recommendation?
2011 David says he was much more
laksmi
12-04 04:08 PM
make sure your salary not below xx,xxx/yr defined, it is always good to be more or equal then existing xx,xxx/yr
more...
marty
12-11 12:09 PM
I thought they changed their mindset from having no movement most of the year then jumping ahead several years in the last quarter and playing catch up.. this is what got them the 07 fiasco
but apparently they are repeating the trend
this no movement for ROW makes no sense at all
Seriously, I was disappointed with the JAN 09 VB. I am thinking of applying for EB3 to EB2 but I don't know if I can do that. I had two years experience before joining my current employer and now I have served almost 6 years with them that bring it to total of 8 years.
but apparently they are repeating the trend
this no movement for ROW makes no sense at all
Seriously, I was disappointed with the JAN 09 VB. I am thinking of applying for EB3 to EB2 but I don't know if I can do that. I had two years experience before joining my current employer and now I have served almost 6 years with them that bring it to total of 8 years.
NANO3
05-07 12:05 PM
LOL how would they actually buy it!?! that's sweet, gonna try me on froogle :)
more...
tosca_travels
05-15 12:27 PM
I would like to re-enter the US after my trip since I'll basically be traveling with a backpack. I know I can just ship everything up front but ideally I would like to come back for a few weeks before leaving. Just wanted to know if this was an option.
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lifestrikes
03-03 10:40 AM
Preview Video Link (http://www.msnbc.msn.com/id/3036789/ns/msnbc_tv-morning_joe/#41866432)
For Thursday, Tom Brokaw addresses the concern that America is losing its best and brightest immigrants because of visa restrictions. From 1995 to 2005, a quarter of start-up technology or engineering companies had at least one immigrant founder. How do we keep immigrants, many of whom were educated here, from leaving?
For Thursday, Tom Brokaw addresses the concern that America is losing its best and brightest immigrants because of visa restrictions. From 1995 to 2005, a quarter of start-up technology or engineering companies had at least one immigrant founder. How do we keep immigrants, many of whom were educated here, from leaving?
more...
americandesi
12-07 01:53 PM
Refer processing times at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC and search for "All other applicants for advance parole". Right now they are processing July 03, 2007 cases.
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minimalist
07-26 12:24 AM
I think it costs as much as new application.
_____
Not a lawyer
EB3-I May 2006
Contributed $100
_____
Not a lawyer
EB3-I May 2006
Contributed $100
more...
SGP
11-06 05:06 PM
I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
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eb3retro
01-27 09:20 AM
did it twice already. will do it how much ever time it takes to get the right job. cant let the life suck in eb3 india wait. already waited too long in 485 filing time. cant ruin my life anymore. never informed no one abt my move. cos, in my opinion there will be no time, where they will get to process my eb3 india application with pd jan 2003.
more...
house quot;American Idolquot; winner David
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
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olegbi_q2
07-28 05:29 PM
Found the old J1 Visa stamped in the passport. It does list the 212(e) requirement.
At the time when I got the first H1, I had 2 years, or close to 2 years of accrued stay in Russia. I should definitely have 2 years by now.
What could be the result of not having had full 2 years at the time of first H1? What could be the effect on the currently active H1?
If I show that right now I have 2 full years, would the AOS proceed, or are there any retroactive problems?
At the time when I got the first H1, I had 2 years, or close to 2 years of accrued stay in Russia. I should definitely have 2 years by now.
What could be the result of not having had full 2 years at the time of first H1? What could be the effect on the currently active H1?
If I show that right now I have 2 full years, would the AOS proceed, or are there any retroactive problems?
more...
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chunky
07-24 10:11 PM
I also have same question. DO we need to send COS. I heard that after getting receipt one is authorized to stay in US. I might be wrong. Please reply if anyone thinks differently..
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coopheal
08-21 05:58 PM
Immigration Law Headlines Has Just Posted the Following:
More... (http://www.ilw.com/immigrationdaily/news/2010,0820-fees.shtm)
Timeliness of this rule making proves critics of USCIS wrong. USCIS is a efficient organization after all. So what USCIS wasted ton of EB visas, and is taking for ever to issue a memo on same or similar job...... :mad::mad::mad::mad:
Also Obamaji its gr8 that you put additional fee on H1B so that you can protect border crossing. How about putting the additional penalty on people employing undocumented folks? You could not even bring the CIR on the floor but you were able to pass penalties against skilled workers so quickly.
More... (http://www.ilw.com/immigrationdaily/news/2010,0820-fees.shtm)
Timeliness of this rule making proves critics of USCIS wrong. USCIS is a efficient organization after all. So what USCIS wasted ton of EB visas, and is taking for ever to issue a memo on same or similar job...... :mad::mad::mad::mad:
Also Obamaji its gr8 that you put additional fee on H1B so that you can protect border crossing. How about putting the additional penalty on people employing undocumented folks? You could not even bring the CIR on the floor but you were able to pass penalties against skilled workers so quickly.
more...
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GCwaitforever
11-12 02:53 PM
Send your petition to USCIS Ombudsman. This is a classic case of USCIS incompetence. They have all the documents and yet they pester you to provide the details.
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texcan
09-06 10:54 AM
any help - urgent
come on srarao,
Think about it , Is this really something you should be panicked about ?
I donot have my middle name mentioned in H1 anywhere although i filled my application with correct middle name. Its very common to not have midlle name mentioned by USCIS in application.
I have a spelling errors in last name in visa, no problems ever.
There are ways other than "Middle Name" to figure out who you are based on your appliation. So donot worry too much about it.
Donot worry ...donot worry be happy you got receipts.
come on srarao,
Think about it , Is this really something you should be panicked about ?
I donot have my middle name mentioned in H1 anywhere although i filled my application with correct middle name. Its very common to not have midlle name mentioned by USCIS in application.
I have a spelling errors in last name in visa, no problems ever.
There are ways other than "Middle Name" to figure out who you are based on your appliation. So donot worry too much about it.
Donot worry ...donot worry be happy you got receipts.
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gk_2000
11-05 04:46 PM
There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
harrydr
05-11 09:59 PM
Wait time for spouse to get a green card as a derivative from you would be apporximately 5 years since you already have your green card now. the best option is to wait for to get your US citizenship and them apply for your spouse and in that case the max. wait time os only 3-6 months. Hoep this helps.
sanjeev
08-08 10:01 AM
My wife filed for her I-140 on 7th July 2006, I asked the lawyer for the receipt on 20th July, Instead I got the I-140 APPROVAL on 29th July. I read it twice to confirm it was the approval notice not the receipt:)
