Thursday, June 9, 2011

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  • AllVNeedGcPc
    06-22 11:56 AM
    I had a somewhat similar issue where my parent's I-94s had wrong names on them (Both had same names printed on them). My colleague at work told me that he got name spelling fixed for her mom by going back to the same airport. First I did not believe him, but when I tried it worked. By the way in my case I went back after 2 weeks and POE was IAD.

    It looks like you can get minor errors on your I-94 fixed at the POE itself.

    All the best.

    I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

    I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

    I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

    Thanks





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  • a_yaja
    12-18 09:17 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.

    From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
    1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
    2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.

    Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.





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  • gk_2000
    05-20 05:26 PM
    One who must not be Paid attention to





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  • illinois_alum
    08-11 01:13 PM
    I am trying to fill the canadian visa application and would like to know what should I check on Question #8
    a) citizen( obviously not)
    b) Permanent residet
    c) Temporary resident
    d)Worker
    e) Student(obviously not)

    It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD

    Need to travel to canada on Friday(08/13/2010)

    Any help is appreciated.

    Check Temporary Resident
    Provide Date of I-94 validity as valid until date
    You can attach a cover letter and mention that you have an application for permanent residency pending (provide copies of I-485 filing receipts, also copies of AP for proof that you can return back to the US)



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  • anilsal
    12-01 01:42 AM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn’t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it’s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse’s career.

    This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).

    Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:





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  • sparkle1
    03-24 08:37 AM
    Hi,
    I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?

    Thanks



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  • dixie
    02-12 09:58 PM
    If your PERM job description says the minimum qualification for the position is a masters in your major, AND you can furnish evidence that your masters course work/thesis taught you the skills relevant to your job then there should be no issues with EB2. A letter from your advisor/course instructor certifying the skills that you learnt as part of the course/thesis should be enough evidence on your part.

    Hi,

    Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.

    Thanks





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  • sanjay02
    08-16 09:49 PM
    Hi
    What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?

    Thnks



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  • jsb
    02-24 03:10 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    As many have said, no need to send anything to USCIS, unless asked for. If needed, get a job description (without your specific title), which has more words as in your original LC. Describe computer programming related activities, which may include managing computer applications, design computer systems, analyse computer design models, etc. etc.

    As some said, as long as you are in the same field, you are ok. Even if you are called a manager, your job requires knowledge of computer system designs, programming, etc. USCIS is lenient in this regard.





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  • Humhongekamyab
    08-15 01:06 PM
    You might want to change the Title ....not good sign to something more appropriate .... sign of delay.



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  • jonty_11
    08-01 01:16 PM
    looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....





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  • miamivice4u
    04-10 07:40 AM
    But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.



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  • ssingh92
    02-12 08:20 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years

    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.





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  • eldrick
    07-31 05:27 PM
    Do you think it would be better if I would file another I-485 on my own? Sorry guys, I'm a little bit confused and worried right now. Thanks for your patience and help.



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  • soorigadu2003
    09-13 04:48 PM
    In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.

    Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..





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  • kghoshal
    02-18 06:49 PM
    Last December, 2006 I got laid off because of company downsizing. My last pay stub was dated 12/15/2006. My LC was pending more than 365 days in my last company. Recently I got new job offer. My new company attorney is collecting all my immigration related information for filing H1-B extension from me. I have almost 60 days employment gap when my new company attorney file my 8th year H1-B extension.

    I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.



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  • WeldonSprings
    05-18 06:28 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Bender's Immigration Bulletin (http://bibdaily.com/)





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  • bestin
    12-21 08:55 PM
    Thanks, Bestin.

    I have another question. If my I-140 is approved in next few days, how the status will change?

    Thanks in advance
    Ur status doesnt change unless u use your EAD.Again this is AFAIK





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  • jthomas
    03-04 11:22 PM
    During this process of recession why USCIS does not help the economy by hiring more employees or contractors and issuing green cards. However, green card guys may think of buying houses and improve economy.
    Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.

    LOL





    obviously
    02-06 11:24 AM
    Pay rises are OK as long as they within range for the job classification in which you work. Only trigger point is when someone takes a drastic pay cut: usually an indicator of fraud / sham-companies.





    saxx
    01-19 08:33 PM
    I get a security warning.



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