bajrangbali
07-02 04:03 PM
6. Implications for Certain Employment-
Based Second and Third Categories
Absent legislation providing for additional visa numbers,
the Ombudsman estimates that some individuals under the
�India� category in the Visa Bulletin now may wait at least 10
years to complete immigration processing and obtain a green
card. This estimate assumes maximum annual preference category
and per country usage. If these projections are correct,
affected individuals will spend many years of their working
lives as applicants for green cards, i.e., as neither temporary
workers nor lawful permanent residents.
Looks like stage is set. People already in queue as of 07/2009 have 10 years and no one new can apply for next 10years :mad:
Based Second and Third Categories
Absent legislation providing for additional visa numbers,
the Ombudsman estimates that some individuals under the
�India� category in the Visa Bulletin now may wait at least 10
years to complete immigration processing and obtain a green
card. This estimate assumes maximum annual preference category
and per country usage. If these projections are correct,
affected individuals will spend many years of their working
lives as applicants for green cards, i.e., as neither temporary
workers nor lawful permanent residents.
Looks like stage is set. People already in queue as of 07/2009 have 10 years and no one new can apply for next 10years :mad:
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visves
05-01 06:22 PM
seems to work just fine for me ??
Looks like immigration-law.com is hacked and being redirected to deckplans.com
Looks like immigration-law.com is hacked and being redirected to deckplans.com
wandmaker
03-19 12:41 AM
My PD is Feb 2007, EB3 category.
My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
I have an EAD.
My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.
Per past trend, USCIS sends RFE, NOID, Denial notice within few weeks of processing I-140 revocation. There is no definitive timeline, it could come anytime.
My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
I have an EAD.
My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.
Per past trend, USCIS sends RFE, NOID, Denial notice within few weeks of processing I-140 revocation. There is no definitive timeline, it could come anytime.
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minimalist
07-25 10:18 AM
H4 Valid till APR 2009
If she stays put in US , Effective Oct1st, her status will be H1.
If she goes out of the country and enters back using her H4 stamping, she will be on H4.
If she intends to work, she will have to either apply for Change of Status from H4 to H1 or needs to go for H1 stamping and enter US using that stamp.
********
Not a lawyer.
PD 2006 May EB3
COntribution to IV : $100
If she stays put in US , Effective Oct1st, her status will be H1.
If she goes out of the country and enters back using her H4 stamping, she will be on H4.
If she intends to work, she will have to either apply for Change of Status from H4 to H1 or needs to go for H1 stamping and enter US using that stamp.
********
Not a lawyer.
PD 2006 May EB3
COntribution to IV : $100
more...
raj3078
01-14 05:53 PM
it seems that they are already married for 2 yrs....In that case she would get 10 yr GC.... The best scenario is that she should wait till she gets the card and then take whatever action she wishes to take
prabakarkn
05-05 12:43 PM
Thanks
more...
Blog Feeds
06-13 05:40 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
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gimme Green!!
07-31 01:55 PM
I am assuming that you are planning to change employers when you change from H1 to L1.
L1 is only for intra company transfers and you needed to be working with the company for atleast 12 months (used to be 6 months till not long ago) before you are eligible to come in on an L1.
If it is with the same company, that you plan to change from H1 to L1, what is the advantage other than skipping Labor certification if you are on L1A?
If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.
L1 is only for intra company transfers and you needed to be working with the company for atleast 12 months (used to be 6 months till not long ago) before you are eligible to come in on an L1.
If it is with the same company, that you plan to change from H1 to L1, what is the advantage other than skipping Labor certification if you are on L1A?
If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.
more...
Macaca
01-20 12:02 PM
Looks like AGjOBS bill has good chance of passing. Does anyone know what the definition of agricultural worker is ?
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
May find something here AgJOBS Amnesty Legislation Re-introduced (http://www.numbersusa.com/index).
AgJOBS amnesty legislation that would provide amnesty to close to 3 million illegal aliens was re-introduced in the Senate and House by Sen. Dianne Feinstein (D-CA; S. 237) and Rep. Howard Berman (D-CA; H.R. 371). The Senate passed AgJOBS legislation as part of its �comprehensive� immigration bill (S. 2611) last May, but the measure died when the House refused to take it up before adjournment. In addition, both the House and Senate saw stand-alone AgJOBS measures (H.R. 884 and S. 359) introduced during the 109th Congress.
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
May find something here AgJOBS Amnesty Legislation Re-introduced (http://www.numbersusa.com/index).
AgJOBS amnesty legislation that would provide amnesty to close to 3 million illegal aliens was re-introduced in the Senate and House by Sen. Dianne Feinstein (D-CA; S. 237) and Rep. Howard Berman (D-CA; H.R. 371). The Senate passed AgJOBS legislation as part of its �comprehensive� immigration bill (S. 2611) last May, but the measure died when the House refused to take it up before adjournment. In addition, both the House and Senate saw stand-alone AgJOBS measures (H.R. 884 and S. 359) introduced during the 109th Congress.
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Stourmi
June 5th, 2007, 06:12 AM
Thank you for the reply, and the information Mats. :)