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  • morrisking
    03-09 07:48 PM
    Thanks for the reply.

    Ok, here is the situation. I am the guy in this venture with all the business contacts and would have to involve in some email conversations with the clients and also visit them on an occasional basis.

    I am willing to do this without pay and also appoint someone as CEO instead of me. Can I be the Chairman of the Board, and do this kind of work.




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  • Blog Feeds
    01-20 08:10 AM
    I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.

    Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

    Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:

    Argentina
    Australia
    Barbados
    Belize
    Brazil
    Bulgaria
    Canada
    Chile
    Costa Rica
    Croatia
    Dominican Republic
    Ecuador
    El Salvador
    Estonia
    Ethiopia
    Fiji
    Guatemala
    Honduras
    Hungary
    Ireland
    Israel
    Jamaica
    Japan
    Kiribati
    Latvia
    Lithuania
    Macedonia
    Mexico
    Moldova
    Nauru
    The Netherlands
    Nicaragua
    New Zealand
    Norway
    Papua New Guinea
    Peru
    Philippines
    Poland
    Romania
    Samoa
    Serbia
    Slovakia
    Slovenia
    Solomon Islands
    South Africa
    South Korea
    Tonga
    Turkey
    Tuvalu
    Ukraine
    United Kingdom
    Uruguay
    Vanuatu

    This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.

    Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)





    More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)




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  • dingudi
    02-22 11:04 AM
    Hi,

    I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
    (i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
    (ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.

    Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.

    Any opinions?
    Thanks.


    You may want to change lawyers for many reasons including personal dissatisfaction, lawyers messing up, high fees , and more... I do not think this will attract so much attention in comparison.Just my thought.




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  • ovaloffice
    05-22 05:17 PM
    Is there a way I can apply for a green card during residency for a future job two years down the road?



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  • krishna_brc
    10-21 02:54 AM
    I am in 6th year of my H1B. It is expiring in Aug 2011.

    Here are some details:
    - My I-140 is approved with a priority date of Aug 2006 under EB2-India.
    - I did not apply for I-485 so I do not have a EAD.
    - My wife is also on H1B which expires in Aug 2012.

    Here are my questions:
    1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
    2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
    3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
    4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
    5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?

    Chances are very high that your priority date will be current before Aug 2011.
    good luck




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  • wandmaker
    09-25 04:10 PM
    I have a valid H1-B visa till November 2011from Company A. I joined Company B in July 2009. I have got my Company B approval notice I-797 from USICS.

    Due to my fathers health I'm travelling to Pakistan in October for a one week vacation. I have my approval notice from Company B and the visa transfer is done. My new approval notice is till June 2012.

    My question is do I have to go for stamping when I go to Pakistan because I changed companies even though I have a valid visa from my previous company and an approval notice from my current company?

    I will highly appreciate your Quick help in this regards.

    Thank you very much.

    You can travel using A's stamped visa, you do not have to go for stamping. Show your A's visa stamp and B's approved 797 at POE when you return. POE officer will issue I-94 validity up to B's 797 expiry date. Also, carry recent paystubs and employment verification letter to be safer.



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  • GLIX
    09-26 12:15 PM
    This is who I have been using. She has a license to practice in New York.

    Shirley Tang

    Parsekian & Solomon, P.C.

    140 Main Street

    Hackensack, NJ 07601

    Tel. 201.487.2080

    Fax. 201.487.7645




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  • nousername
    07-10 03:07 PM
    Please update your profile..

    Here are the answers:
    1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
    2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.

    NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.

    I am currently working as a Functional Solution Architect in an IT firm.

    Current Status: H1B (6th year)

    GC status as follows:

    Priority Date: April 2007
    EAD received: October 2007
    I-140 is approved.

    Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:

    1. Is that permissible and can I use my EAD to work for a new employer in a different field.
    2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.

    Thanks in advance for your response.



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  • masti_Gai
    08-28 10:13 AM
    how could u open a company being on H1???
    how does ur friend work though???
    does he have a valid visa like a Green Card or something...
    coz am sure u couldn't have gotten him a H1 visa as u urself are on H1




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  • Blog Feeds
    07-08 11:30 AM
    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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  • augustus
    07-08 12:23 PM
    Dear Friends,

    We recently moved our place and we are now in a new apartment.

    We have immigration matters that needs to be updated but we don't know what we should do?
    The following are affected
    1. EAD
    2. H1B
    3. AP
    4. I 485 related things.

    My Ead and Ap has old address and the card also holds the same old address.

    Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.

    Thanks a ton!




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  • Pagal
    04-29 07:47 AM
    Hello,

    Travisa SF is a small setup ... there is one lady who manages the show (and she may have an asst or two). Your best option is to visit their office in downtown ... somewhere near Market St, I remember.

    I had good experience with them for UK visa a few years ago ... good luck!



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  • pbojja
    10-19 10:26 AM
    Hello,

    I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .




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  • Redeye
    01-25 12:47 PM
    What are all the documents needed for travel on AP? I am travelling JFK->Dubai->India. I am guessing there is no transit visa mess involved here since there is no Europe stop.

    Documents are

    1) 3 sets of AP valid till october 2008
    2) EVL
    3) Current pay stubs
    4)H1 approval (valid till 2010, no needed but still have it)

    Do I need w2 and tax returns etc?

    Thanks



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  • hotscud21
    01-08 01:39 PM
    can you please let us know your PD?




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  • Blog Feeds
    07-15 03:01 PM
    A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.

    One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.

    The four EB visa preference categories are:

    EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
    EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
    EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
    EB-4: Immigrant Religious Worker, filed on form I-360


    Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.

    FB-1: Unmarried sons and daughters of U.S. Citizens
    FB-2A: Spouses and children of lawful permanent residents of the U.S.
    FB-2B: unmarried sons and daughters of permanent residents of the U.S.
    FB-3: Married sons and daughters of U.S. Citizens.
    FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.

    The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)



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  • masti_Gai
    01-19 03:55 PM
    For EB2 & EB3 category people it is the Date on which Labor was filed.:)
    For EB1 category people it is the Date on which I-140 was filed.:)




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  • JeffDG
    02-08 07:43 AM
    For your information, most employment in the United States is "at will", which boils down to, the employer can dismiss you at any time for any, or no, reason whatsoever.

    The fact that it's "retaliation" is not likely relevant.

    They owe you notice of termination, or pay in lieu of notice, so a couple of weeks.




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  • arthi123
    11-18 03:05 PM
    Hello,

    I have a h1b stamping appointment at the Chennai Consulate on the 29th of Nov.

    I am in my 7th yr of h1b.My 3 yr extension has been approved based on aprroved I-140.

    I have a question on the approved I-140.I do not have the original I-797 for my I-140 approval.

    Will I need it for the interview?

    I have the original I-797 for the h1b extension approval but not for the I-140.I only have a copy.

    My company immigration team said its not needed.

    is this correct?

    Thanks,
    arthi




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    Jerrome
    02-03 03:53 PM
    Visa usage Statistics
    Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

    Visa bulletin and their number control operational manual
    Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

    DHS year book
    DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)

    485 pending number
    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf

    NVC demand
    http://www.travel.state.gov/pdf/WaitingListItem.pdf

    Precessing volume and trend
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)

    Monthly cutoff memo
    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    I am missing a 2009 EB number used by country, I saw it some where but couldn't find it



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