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highaimer

01-23 07:54 PM

Hi All,
I am in EB3 with priority date of 2003 nov, I have a masters degree in US. Because of my negligence I applied in eb3. my i140 is cleared in eb3. waiting for priority date. Now I am planning to file eb2 perm and make us of the old priority date. Before joining for work I completed all the course work but didnt get the degree. I got the degree one year after I joined for work. My graduation date in the degree certificate is 5 months after my priority date. Will this raise red flags in the eb2 I-140 stage. Would it be safer for me to go for regular i-140 or premium processing. Any help or suggestion will be deeply appreciated.

Thanks in advance

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Blog Feeds

08-12 09:50 AM

The US Chamber of Commerce is seeking a review by the nation's highest court of the Arizona law that calls for the revocation of business licenses for employers found to have knowingly hired illegally present immigrants and also mandates all employers in the state use E-Verify. The case could settle the basic question of what authority a state or local government has in regulating immigration.

More... (http://blogs.ilw.com/gregsiskind/2009/08/us-chamber-seeks-supreme-court-review-of-arizona-employer-sanctions-law.html)

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JazzByTheBay

09-11 11:44 PM

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indianabacklog

04-14 10:31 AM

Your post raises so many questions it is hard to know where to start.

The obvious one is if you do not have an employer, how have you got an H1B visa since it is the employer who petitions for it?

Second thought, where are you right now? Still in your own country or the USA?

In response to your question about a green card. If you are going to follow the employment based route, by definition, you are going to need an employer to get this process rolling. Starting with PERM labor certification.

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martinvisalaw

12-22 05:43 PM

Link: USCIS - Cap Count for H-1B, H-2B and H-3 Workers for Fiscal Year 2010 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60a RCRD).

"As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009."

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saimrathi

07-03 10:10 AM

Now that USCIS has dropped bomb by announcing the revised bulletin, do you think now they will be able to bring back the premium processing for I-140? or still they dont have time to "ensure" processing in 15 days.
Guys, what is your take on this.

I agree. They should bring back PP on I-140.

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itsmesabby

07-19 03:18 AM

Regarding coming back on F1 after being on H4... You should really consider talking to an attorney. With F1 visa you need to prove that you would come back to India at the time of stamping, but with your spouse being on H1 and in states.. how do you thing you can prove that you will come back to India when your spouse is in the states..

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Blog Feeds

10-25 11:40 PM

How Senator David Vitter (R-LA) is still in Congress after his prostitute scandal escapes me. If his latest legislative effort is some kind of attempt to redeem himself with voters, he's living in a very warped world. Vitter is proposing to cut off funding for the 2010 Census unless the survey checks the citizenship of all people responding. Even if you didn't think it was bad public policy designed to exploit anti-immigrant passions, there are three very, very big practical problems with the idea. First, it would cost a fortune to make the change at this late stage - upwards...

More... (http://blogs.ilw.com/gregsiskind/2009/10/impractical-and-unconstitutional.html)

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ena23

03-03 09:24 AM

yes its true..

You have to apply for fresh H1.

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amitr2k

09-19 03:42 AM

Hi, i would like to know the fees to get the L1-B transferred to L1-A.

Thanks.

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kernel_flash

01-21 05:50 AM

I bet I didn't want to miss this one !
Thanks Kirupa.

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ddraj2015

07-25 12:46 PM

Hi All,

I am applying my Labor on EB2 tomorrow (07/26/2007). Is there any glim chacne for me to get the approval before 08/14/2007? I am going through Atlanta. Please let me know how long is the average time to get the cetification from atlanta center. (One of my friend applied on 07/17/07 and got the LC on 07/23/07 from atlanta center).

Thanks All.

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Blog Feeds

05-27 08:30 AM

I've been hearing reports behind the scenes over the last few days about a growing rift in the pro-immigration movement between whether it is better to hold out for comprehensive immigration reform or switch to a strategy of pursuing significant lesser immigration measures like the DREAM Act or AgJobs. As I've indicated before, strong arguments can be made for either. Now some of those arguments are making there way in to the media such as this nugget from today's HuffPost Hill email alert: TOMORROW'S PAPERS TODAY - The Hill's Alexander Bolton on how immigration reform is straining Chuck Schumer and...

More... (http://blogs.ilw.com/gregsiskind/2010/05/piecemeal-versus-comprehensive.html)

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Jon_Davey

12-04 04:17 PM

My firm recently extended my H-3 training visa until June of 2008. The old one ran out at the beginning of November 2007 and I was told by my lawyer that I could stay in the country, that my status would be okay.

However, I left the country for a personal emergency and didn't have time to go to the consulate while I was away for a new stamp. The current visa in my passport had expired by this point.

Upon my re-entry to the country I filled out the green I-94w form.

What do I need to do to get my correct status? have I done anything to affect my H3 status??

Any advice greatly appreciated!!!

Jon.

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shankarsivam

04-13 05:51 PM

Hello Attorneys / Experts,

Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :

Jan'09 : My Employer submitted H1B - Vacation Recapture + Extension based on pending I-140

Feb'09 : RFE was issued asking information related to Company

Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport

Mar'09 : RFE responded with the requested information

Apr 10, 2009 : USCIS Denied H1B Extension petition.

I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.

Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?

Appreciate your inputs in this area.

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sjnh_li

07-28 12:44 AM

Hi Folks,

I have a unique situation. Well.. I have been working for a Company A that is owned by my uncle. Iam on H1B in 2nd year and I have my I-140 approved 1 month back. Now I got a new job in another company B with 3 times the current pay of mine. I want to change to the company B.

My uncle said that he will continuing the process of my GC application, under EB2 in his company A. But I want to transfer my H1B only to the new company B, so I can get into the company B's payroll and get benefits. Can someone suggest how we can handle this without messing up with the current GC process with company A. Does changing to company B under new H1B impacts my GC processing. Can we show that the company A is processing my GC under future employement, though I worked for company A before..

Please advise the consequences and my options.. I badly want to work for company B..without stopping my GC processing with company A..

I appreciate your help in advance

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Blog Feeds

07-09 12:30 PM

Just hours after the announcement that DHS will seek to rescind the controversial social security no-match rule, the Senate may consider an amendment to the DHS spending bill that has been introduced by Senator David Vitter (R-LA). Amendment 1375 would bar DHS from revoking the rule and require its implementation. The amendment language is as follows: Sec. 556. None of the amounts made available under this Act may be used to-- (1) amend, rewrite, or change the final rule requiring Federal Contractors to use E-Verify (promulgated on November 14, 2008); (2) further delay the implementation of the rule described in...

More... (http://blogs.ilw.com/gregsiskind/2009/07/senate-may-consider-bill-to-reimpose-nomatch-rule.html)

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sxk

04-19 04:08 PM

I have EAD, AP and H-1B. I don't have H-1b stamped on my passport. I would like to travel on AP.
According to my lawyer;
"For every paper (AP) you have, you can make one trip with it. So if you have 3 original papers, you make 3 trips in and out of the country."

Is this true? My friends who traveled outside the country were told at the port of entry that AP can be used for multiple entry and the above does not hold true.

Any insight would be appreciated.

thanks in advance

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ItIsNotFunny

03-22 09:36 AM

Got an offer this year from a New Jersey based company called PR Consultants. Does anyone has any information about this company? Any help can be really useful ..
Are you looking for job?

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pointlesswait

02-19 06:20 PM

:confused:
Am currently in my 7th year H1 and have got admission into a parttime MBA program!

1.) I just wanted to clarify if i can accept scholarship in form of tution waivers? (not a income?)

2.) I am aware i cannot accept any scholarships which may require me working as a TA or RA? as this is a income...


but is a non-income school sponsored tution waiver an accepectable option>

Any gurus on this board like to throw some light on this!!!:confused:

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GCwaitforever

09-07 01:40 PM

If the investment property was under passive investments like absolute NNN lease or TIC investments, then I am guessing it should be alright. Check with an attorney first.

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