Monday, July 4, 2011

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  • Blog Feeds
    09-01 10:00 AM
    Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
    The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.

    Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.

    Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.

    Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.


    http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY



    More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)




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  • cheers2all
    05-22 01:49 PM
    Hi Smrryl,

    Was your stamping successful at Matamoros?

    Thanks,
    Cheers2All




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  • anishNewbie
    09-02 02:41 PM
    Hey guys,

    I am new to all this completely. So please do help me out. I am sorry if it is a repost..

    My Qualification:
    Bachelor's Degree in Computer Eng
    Masters Degree in Computer Science
    Nationality: India

    Experience: 6 months (don't have docs to prove it though now..)

    I would like to file my GC under EB2.

    As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)

    I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??

    Are the other requirements of applying under EB2 ??

    So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.

    So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)

    So say for example, I would be applying under :

    OES/SOC Title: Computer Software Engineers, Applications
    Level 1 Wage: $30.42 hour - $63,274 year
    Level 2 Wage: $37.60 hour - $78,208 year
    Level 3 Wage: $44.79 hour - $93,163 year
    Level 4 Wage: $51.97 hour - $108,098 year
    GeoLevel: 1

    15-1031.00 Computer Software Engineers, Applications

    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
    O*Net� JobZone: 4
    Education & Training Code: 5-Bachelor's degree


    So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?

    I heard it should be a minimum of level 2, is it true ????????




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  • sunny1000
    09-13 02:37 AM
    Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.

    http://www.youtube.com/watch?v=0ZWdDI_fkns

    Good luck on the 18th.

    P.S: I can't go as I have a date with the court.



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  • gcseeker2002
    04-08 08:51 AM
    Friends,

    I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.

    After job change can I use old PD ? Can I apply EB2 perm after changing job ?

    I know these are testing times for many of us but i will appreciate your ideas and responses.




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  • invincibleasian
    02-25 07:08 PM
    Hi,

    A couple of questions on the simaltaneous filing of I-140 and I-485

    1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
    2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?

    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485



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  • FredG
    April 7th, 2004, 06:33 PM
    Looks like a tough little guy to capture. The way things are lined up, I think you could successfully clone out the branches in front of him. I'd leave the others. Any more sharpening would over-sharpen thetail. Although you could copy the layer, apply more sharpening to the layer, then mask out everything except the parts of the head you'd like to change.
    Fred




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  • crazyghoda
    06-16 04:20 PM
    After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.



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  • gconmymind
    04-21 10:52 AM
    You should be getting paid >= the salary mentioned on your H1B labor. GC is for future employment and the GC labor salary could be different from your H1B labor salary.




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  • Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of "lawbreakers" rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating backlogs we currently deal with? Will there be a mandatory E-Verify component? Will there be an interior enforcement focus? Will there be even more fences?

    The topic that seems to be lost in all this speculation is something I consider to be the overriding component of reform--the Key to holding a reform package together. I am speaking, of course, of Due Process Restoration. Anyone who deals with immigrants for any length of time is intimately familiar with the disaster that is our immigration enforcement system. It is not just that previous administrations have done a horrific job at the enforcement that should have been taking place, but rather, the missing component to that enforcement. When is the last time an ICE officer worried about Due Process considerations? What is really destroying immigrant families--how about 212(a)(9)(B) and (C)? What about the concept of "civil" detention in real jails with real criminals for non-criminal immigrants? What about the detention of Asylum Seekers? What about the ludicrous requirements of REAL ID for asylum seekers?

    These are all only a few of the regular violations of concepts most American hold sacred. When you tell the 'average' American about the system immigrants actually have to deal with, most are appropriately appalled. It is to those Americans that we must speak. I believe that if Senator Schumer has the courage to include Due Process Restoration in his "Comprehensive" immigration reform bill, it will be tragically necessary for us to defend these Due Process provisions of the reform package.

    Take a look at this video, and sign up to support including Due Process Restoration in a comprehensive immigration reform bill.


    Restore Fairness: bring back due process to the immigration system (http://vimeo.com/6200660) from Breakthrough (http://vimeo.com/letsbreakthrough) on Vimeo (http://vimeo.com/).

    https://blogger.googleusercontent.com/tracker/186823568153827945-7017328086435157158?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/due-process-restoration-now.html)



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  • WeShallOvercome
    08-22 04:43 PM
    It is a case to sign in native language...

    Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...

    Enjoy




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  • GC_LOOKIN
    12-12 01:09 PM
    Thanks Nashorn..



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  • pappu
    02-08 10:27 AM
    Thanks for letting me know. I think paskal is in India now. Anyways we had a very small window of time to seek someone quickly. I have found one member willing to reveal his name and give the interview. The information is forwarded to the reporter. The reporter has to quickly do a story so that should be all for now. In case the reporter needs any more members, I will open this thread. Otherwise the thread will remain closed.
    Thanks everyone.




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  • flyingmonkey456
    06-30 02:46 AM
    i'll pay you 10 bucks to eat it :P



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  • jackie3
    05-07 05:42 AM
    hi jase21. i think .net is the best programming language till date. wat do u think?




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  • rajc
    08-12 03:28 PM
    Hi,

    I recently went through same situation for my spouse on H4. You have 3 options:

    1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.

    2. Go out of country and come back.

    3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.


    Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.



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  • kramesh_babu
    08-06 08:23 AM
    Hi,

    I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
    Can anybody throw some light on this?

    Thanks,

    Shruthi07

    Online status shows:

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
    ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
    notice explaining this action. Please follow the instructions provided
    on the notice. We will notify you by mail when a decision is made. If
    you move while this case is pending, call customer service at
    1-800-375-5283 to update your address. You can use our processing dates to
    estimate when your case may be processed by following the link below. You
    can also receive automatic e-mail updates as we process your case by
    registering in the link below.

    Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?

    On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.




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  • chapsi29
    07-31 04:50 PM
    Hello all,

    I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.

    My question is:

    1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).

    2: Would my F1 application cause my 485 to be denied or vice versa ?

    Thanks in advance




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  • rolrblade
    07-31 01:46 PM
    Hi,

    I have a question an experts:

    Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.

    Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
    I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??


    A little correction to andy's answer above.

    yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.

    What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.

    Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.




    izolo
    06-04 02:10 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




    vandanaverdia
    09-07 02:52 PM
    ^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..



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