Wednesday, June 29, 2011

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  • saileshdude
    09-08 04:57 PM
    Can anyone tell me an effective way to contact congressman and senators office. I left voicemails to their respective persons handling immigration matters but haven't heard from them. Can anyone tell me if there is a more effective way to contact them?

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  • Jaime
    09-04 05:36 PM
    Come with us to Washington and Tell Congress IT ALREADY HAS BEEN TOO LONG

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  • calaway42
    10-05 01:41 AM
    yay! i learned two things today

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  • jliechty
    May 5th, 2005, 09:39 PM
    Detail (sharpness) looks great in this one. The spotlighting effect is also nice. :)


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  • cygent
    04-08 07:30 PM
    Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
    Case details: PD 08.2007; 3 yr. H1B expiring 08.2009

    What are his options to keep the GC process rolling & things to consider?
    Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
    Thank you.

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  • yabadaba
    10-03 03:35 PM
    EB1 -C
    EB2 - China June 2006 India Oct 2005
    Eb3 - no idea/ no prediction


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  • tsiger
    04-14 07:59 AM
    well.. just imagine a stamp like that on a similar envelope.. even the postman would go like "hm.. which is the letter and which is the stamp?.. oh whatever.. Sir! new stamp waiting!" =D

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  • dhirajgrover
    04-16 05:06 PM
    Sorry, I misunderstood you, but that has not been shared by the employer.


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  • PavanV
    11-26 02:57 PM
    I dont think they will be enlisted, this is a easy way to get citizenship, man how long have you been in the US ?, if in the program, the folks will be guinea pigs for pilot programs and what not, probably fighting or cleaning toilets in Iraq, but hey in the end you get citizenship.
    I am sure many will join this program, and they should, if they prefer to be citizens, then they should be prepared to fight for the country.

    Looks like an interesting option for those in health care if you speak Hindi, Tamil, Bengali, etc. to get US citizenship within a few months without going through the green card process mess...

    ILW.COM - immigration news: Frequently Asked Questions About The Army�s New Non-Citizen Recruiting Program For Foreign Health Care Professionals (

    Any idea on what the chances of being called for active army duty might be within the 6 year period you are enlisted?

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  • bombay_rail
    01-13 02:43 AM

    I am in my 6th year H1B which is getting expired on Feb 20th 2007. My I140 is approved couple of months back. My employer has applied for the H1B Extension for 3 years on Jan 8th. According to the current status, I will not get my H1B extension papers until March 2007.

    My work contract with the client is getting over by Feb 28 and the chances of extension are almost zero. Since my relation with my employer is on a contractual basis, any thing can happen once my work contract is over.

    Question 1:

    How does it work if I loose the job before the approval of my H1B (I will have the receipt notice) and also I have to change the employer at the same time?
    Can some one let me know about this?

    Question 2:

    Due to the above confusion, I am debating with me, should I file the H1B extension in premium process or not?
    The reason for this thought is, if I loose the job I have to search only for the job and need not to worry about the legalities. I simply have to transfer the H1B to the new employer.

    What about the expert�s opinion on this?

    Any advices on this would be much appreciated.


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  • senk1s
    09-18 09:41 PM
    On subsequent (multiple employers, same employer) you dont come under the cap like fromnaija said

    once H1 is approved it is valid, Once you start working for that employer you shall get paid for it (it doesnt mean you'll have to work if you have a H1)

    It does not invalidate the other H1 (till the other employer revokes it) - hope this answers your question

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  • STAmisha
    01-13 08:52 AM

    Get a copy of your I-140 approval notice. You should be ok. If you apply for a new job, you can apply for 3 years extensions as well as your priority date is portable.

    If you are anxious, just pay $1000 and get premimum processing of H1 in the current job.

    Please consult an attonery


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  • GCwaitforever
    06-22 03:18 PM
    Your friend has to wait till he gets his citizenship. A GC holder can only sponsor someone to visit, but can't sponsor another person for GC. A citizen surely can. I heard that an immigrant could apply to USCIS to grant spouse also a GC based on hardship grounds. But I would not bet on largesse of USCIS. It is a headache dealing with bureaucrats, lawyers and appeals.

    If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.

    Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.

    There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)

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  • Ann Ruben
    02-11 08:58 PM
    Hi Vinod,

    As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.

    If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.

    If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
    E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.



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  • Blog Feeds
    09-09 07:30 PM
    According to TRAC (, Justice Department data show that Immigration Judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century.

    Twenty five years ago, in FY 1986, almost nine out of ten (89%) of the asylum requests in the Immigration Courts were denied. While the annual rates have gone up and down during the ensuing years, only half (50%) of the requests were denied during the first nine months of FY 2010 � a record low.

    One factor contributing to the improved success of the asylum seekers is that a higher proportion of the total are represented by counsel. It must be noted, however, that the number of those seeking asylum in court proceedings has fallen.

    he growing success of asylum seekers is partly attributable to increases in the proportion who obtain legal representation. The latest figures show that more than nine out of every ten (91%) are now represented, up from just over half (52%) twenty-five years ago in FY 1986.

    Asylum is relief for a foreign national to remain in the U.S. under legal status because the foreign national has suffered past persecution in his home country or country of last habitual residence, or because the foreign national has a well founded fear of future persecution in his home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group. So having a competent lawyer preparing your asylum case is a must in order to have a chance to win your Asylum case.

    More... (

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  • bestin
    12-20 08:55 PM
    Hi ,
    I have applied 485 in July 2, 2007. Note that my PD Jan 2001 - EB3 (priority dated ported) And I140 is already approved. I have done FP in Oct 2007. Received EAD and AP way back.But I saw LUD on my 485 application on Dec 14, 2007.
    Does this mean any thing. Message content is not changed though.



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  • jit15k
    06-14 03:25 PM
    This is only if you had a J1 Visa

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  • funkycatspangky
    07-19 09:03 PM
    Thank you for all the quick replies.

    I understand that in october, they might bring up some issues regarding Legal Green Card application.

    One of them will be to clear the backlog for those who legally applied for the GC.

    Can some kind soul please give me information about this ?

    Does this applies to me or does it applies to the Employment based GC or GC application in general ?

    Thank you for your time.

    FunkyCat - Spangky

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  • laksmi
    12-04 04:08 PM
    make sure your salary not below xx,xxx/yr defined, it is always good to be more or equal then existing xx,xxx/yr

    03-10 10:56 PM

    I am working on H1-b visa. My green card stage: Priority date July '06, EB3, India. I-140 approved, I-485 filed Sept'07. I don�t intend to use EAD for employment now.

    I have a need to get my future spouse on H-4 visa. With EB3 India priority dates retrogressed, filing dependent I-485 for spouse is years away. (Unless rules change!)

    Question 1: IF I loose my H1-b status (job loss) and find a new job using my EAD, my spouse on H-4 goes out of status. So what all options do I have to keep her in a valid status?

    Question 2: Proactively, say my spouse (when on valid H-4 status) starts a Masters program (part-time) at a University, can she file for a H4 to F-1 change of status (COS) that very week or month I loose my job. Or are there any serious timing issues in this option?


    03-31 09:14 PM
    My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.

    Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:

    On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.

    From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.

    Is anyone in a similar situation or anyone has any advice?

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