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04-22 08:40 AM
Another sign we're about to get in to a serious debate over immigration reform. From Roll Call: According to Senate Democratic aides, Senate Majority Leader Harry Reid (D-Nev.) and Speaker Nancy Pelosi (D-Calif.) agreed during a Tuesday afternoon meeting that a �moral imperative� exists to move immigration reform in 2010. The decision to press ahead on such a controversial issue now � in an election year � comes even though Democrats have had little success attracting GOP support for their initiatives in the 111th Congress.
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
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lostinbeta
10-05 01:12 PM
Hey Ilyas. Thanks for the compliment:)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
Bush
07-22 11:09 AM
By Mistake.I said yes.
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crazyghoda
07-10 10:25 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
more...
ryan
05-27 03:22 AM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
waiting for GC2010
11-16 02:35 PM
I heard this from one of my friends
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
more...
kittu07in
08-20 05:46 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
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yabadaba
05-25 08:21 AM
SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 345, between lines 5 and 6, insert the following:
(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--
``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.
``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--
``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).
``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to read as follows:
``(4) MAINTENANCE OF INFORMATION.--
``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).
``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection
[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
On page 345, between lines 5 and 6, insert the following:
(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--
``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.
``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--
``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).
``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to read as follows:
``(4) MAINTENANCE OF INFORMATION.--
``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).
``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection
[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
more...
desi3933
07-13 11:43 AM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
How did you "generate paystubs for wife"?
Would you please explain.
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
How did you "generate paystubs for wife"?
Would you please explain.
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casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
more...
hemya
08-21 09:15 AM
If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.
Hope this helps.
Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number
Hope this helps.
Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number
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msyedy
02-05 02:29 PM
Is the 45 day approved labor validity Rule already in place?
Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.
Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.
more...
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immitul
09-03 03:23 PM
Hello Friends,
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
You can apply only after October 1st, since that is the day the H1B person is eligible to work (and that's what I did for my wife).
Please cross check, if there is any way you can apply earlier.
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
You can apply only after October 1st, since that is the day the H1B person is eligible to work (and that's what I did for my wife).
Please cross check, if there is any way you can apply earlier.
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GC_1000Watt
12-21 05:16 PM
Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.
Please share if anyone has any idea one this
Thanks
-MK
My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
Good Luck with your VISA interview. Wear formals and be confident.:)
Please share if anyone has any idea one this
Thanks
-MK
My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
Good Luck with your VISA interview. Wear formals and be confident.:)
more...
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makemygc
06-22 11:14 AM
Please help...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
No..I tried all options..even hacking pdf security, print-to-file etc.;) . I left those pdfs open in my laptop and I never close my home laptop.
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
No..I tried all options..even hacking pdf security, print-to-file etc.;) . I left those pdfs open in my laptop and I never close my home laptop.
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VMH_GC
06-11 06:15 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
more...
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pa_arora
12-04 02:04 PM
Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.
:-), 'year' and not 'years' is hope and optimism.
good luck to all.
:-), 'year' and not 'years' is hope and optimism.
good luck to all.
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karthkc
03-18 05:19 PM
Yha i got my EAD through Spouse.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.
This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.
If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.
If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)
As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!
Thanks!
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lost_in_gc_land
01-31 01:24 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
Rahul.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
Rahul.
arihant
05-25 07:34 PM
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
It was in Cornyn ammendment.
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
It was in Cornyn ammendment.
texcan
08-25 10:06 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.
To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.
I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.
To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.
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