Blog Feeds
01-28 08:30 AM
WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
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vinodp1978
08-25 10:16 PM
I am in the same situation...my 6th yr H1 expires on Feb 2008. I am really hoping that I will get an EAD before my H1 expiration. But if I dont get an EAD on time then I will apply for recapturing my time outside USA. I travel overseas a lot on business so basically i will need about 3months of time recaptured to meet the 1 yr prior labor approval for H1 extension. My PD is april 2007. Hope this helps and works out for you.
BTW..i recieved my receipt notices for EAD,485 and AP last week.
BTW..i recieved my receipt notices for EAD,485 and AP last week.
sabgau
03-14 03:10 PM
Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
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Andy Somnifac
January 30th, 2004, 03:24 PM
After the stab at Sony that Canon made in the press release stating they were releasing ~ 20 cameras this year, you don't think they'd let Sony get that far ahead, do you? :p
In my opinion, one of the more intriguing product announcements from Nikon today was the Coolpix 8700. If it improves significantly from the Sony, that could be a killer product. Right now, Canon is lacking a bit in the true consumer DSLR market. But then again, PMA is right around the corner. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=122&mode=thread&order=0&thold=0) for the 8700 infp.
In my opinion, one of the more intriguing product announcements from Nikon today was the Coolpix 8700. If it improves significantly from the Sony, that could be a killer product. Right now, Canon is lacking a bit in the true consumer DSLR market. But then again, PMA is right around the corner. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=122&mode=thread&order=0&thold=0) for the 8700 infp.
more...
paulinasmith
08-05 12:49 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
nosightofgc
01-01 06:34 PM
First of all please forgive me for creating a new thread. I am just trying to see whether any one in the same boat and what it could be.
I just found soft luds on my previous H1B which was approbed in 2006 Feb and I-140 which was approved in Dec - 2006 (I-140 lud was after one week of H1B Luf change). I wonder what it could be? I know there is no logic and it is hard to predict what it might be. May be some standard updates as some one suggested. But these two did not change in years.
Any way, any one in the same boat?
thanks
I just found soft luds on my previous H1B which was approbed in 2006 Feb and I-140 which was approved in Dec - 2006 (I-140 lud was after one week of H1B Luf change). I wonder what it could be? I know there is no logic and it is hard to predict what it might be. May be some standard updates as some one suggested. But these two did not change in years.
Any way, any one in the same boat?
thanks
more...
amitjoey
07-01 05:08 PM
Kumar:
Take an infopass appointment, ask them to generate a finger print notice for the same day, then go to the office with your son, where they take the fingerprints. Keep calling USCIS and then a week later take the Infopass appnt again. That should do it.
Take an infopass appointment, ask them to generate a finger print notice for the same day, then go to the office with your son, where they take the fingerprints. Keep calling USCIS and then a week later take the Infopass appnt again. That should do it.
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salvador marley
04-29 05:35 PM
yeah keep it kirupa - i thought it was ok - but got not much respone
more...
prem_goel
05-04 05:50 PM
If you show proof you are planning to go back to India if he terminates you, then the employer most likely will ask you to book the ticket and will refund the amount after you show him the ticket receipt.
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leonqiu
03-06 01:39 PM
sorry, i forget to add, i am on i-485 waiting list, and have passed 180 days
more...
lostinthejungle
11-02 05:21 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
2. What happens if I dont join Company B ever?
Appreciate your responses!!
Cheers!
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
2. What happens if I dont join Company B ever?
Appreciate your responses!!
Cheers!
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purgan
02-04 12:58 PM
I have heard if one leaves the country while AP is being processed, the application is considered abandoned.
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
more...
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gccovet
08-04 08:56 AM
cool, congrats.!!
USCIS works in mysterious ways!!!
enjoy
GCCovet.
USCIS works in mysterious ways!!!
enjoy
GCCovet.
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laksmi
11-11 08:42 PM
Before you come to know your dates are current, you will have 4-5 months to get the approved notice or more then that , during that time add your spouse name.
Once it is 485 is approved, then you have to wait for a while until you get Green Card to add your wife.
Once it is 485 is approved, then you have to wait for a while until you get Green Card to add your wife.
more...
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krupa
07-10 02:48 PM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
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desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
more...
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wandmaker
01-10 10:30 AM
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
you are correct for #3
you are correct for #3
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Blog Feeds
04-06 10:50 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.
Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.
The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.
For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.
Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.
The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.
For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)
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venkatpuli
07-19 11:02 PM
Please reply
pappu
09-26 11:13 AM
I know one....email me if interested.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
gc_kaavaali
08-24 10:34 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
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