saileshdude
09-30 10:20 PM
Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.
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Blog Feeds
03-15 09:30 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
ruchigup
05-01 01:40 PM
I am taking services of an attorney to write a response. But kind of getting concerned.
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RNGC
04-07 04:54 PM
If USCIS cannot handle 1 legal million immigrant applications, how they are going to manage 12-20 million applications by the illegal aliens...its going to come soon...
more...
rajeshalex
07-22 08:01 AM
Hi All,
For the adjusment of status to that of a lawful permanent resident
in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?
Is there a link to determine which office to select?
This is one of the questions in ETA-750 B
Thank You
Rajesh
For the adjusment of status to that of a lawful permanent resident
in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?
Is there a link to determine which office to select?
This is one of the questions in ETA-750 B
Thank You
Rajesh
softsister
07-24 05:02 PM
My current company's CEO is retiring and the other partners are forming a new company. The current company will continue as a corporation and in the new corporation the current CEO will have 10% share. The new co will start with the current client base, employees, equipment, web site and use the current company's name as a DBA.
I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .
If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.
Thanks
I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .
If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.
Thanks
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TO BE OR NO TO BE
05-31 05:00 AM
Hello:
I need some help. Here is my situation.
I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.
I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.
Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.
Has anyone done this before?
Any help would be greatly appreciated.
Thank you for all your answers.
I need some help. Here is my situation.
I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.
I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.
Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.
Has anyone done this before?
Any help would be greatly appreciated.
Thank you for all your answers.
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ExtendedLEave
12-27 05:23 PM
My husband is currently employed on a H1 visa and I am on a H4 visa. Our current visas(H1 and H4) are valid till January 2013. We are Candadian permanent residents who plan on ultimately applying for green cards and settling down in the US. I am a newbie in this arena and have a few questions that I tried searching answers for but couldn't find anything conclusive and would appreciate any answers
1) For various reasons can I stay back in the country for 4-6 months, while my husband goes back to Canada on the extended unpaid leave for the 4-6 months and comes back? Or if I leave with him now, can I come back after 6 months and stay here for 4-6 months? Are there any rules/regulations that prevent me from doing this. Please note that we live across the border in Canada and travel back/forth via car.
2) My hubby is planning on taking an extended unpaid leave from work( for personal and not health related reasons) and his employer is OK with that. This could be as short as 3 months and could be as long as a year. During this time we will be going back to Canada. Do you know if this will create any issues with immigration currently or in the future? How long can this leave exist?
3) If my husband ultimately comes back to a different job after this unpaid leave, will his chances of getting a visa for that new job be affected?
4) If he wants to take an extended leave do we need to leave the country? Can we take an extended leave and stay in the country? Will we be violating any rules/regulations if we do that?
5) Lets say we want to come back after 6 months, do we need to come back together?
6) If we are in Canada for the next 6 months, can we keep taking weekend trips to visit our families in US?
Would appreciate any information that anyone can provide on this.
Thanks,
ExtendedLeaveApplicant
1) For various reasons can I stay back in the country for 4-6 months, while my husband goes back to Canada on the extended unpaid leave for the 4-6 months and comes back? Or if I leave with him now, can I come back after 6 months and stay here for 4-6 months? Are there any rules/regulations that prevent me from doing this. Please note that we live across the border in Canada and travel back/forth via car.
2) My hubby is planning on taking an extended unpaid leave from work( for personal and not health related reasons) and his employer is OK with that. This could be as short as 3 months and could be as long as a year. During this time we will be going back to Canada. Do you know if this will create any issues with immigration currently or in the future? How long can this leave exist?
3) If my husband ultimately comes back to a different job after this unpaid leave, will his chances of getting a visa for that new job be affected?
4) If he wants to take an extended leave do we need to leave the country? Can we take an extended leave and stay in the country? Will we be violating any rules/regulations if we do that?
5) Lets say we want to come back after 6 months, do we need to come back together?
6) If we are in Canada for the next 6 months, can we keep taking weekend trips to visit our families in US?
Would appreciate any information that anyone can provide on this.
Thanks,
ExtendedLeaveApplicant
more...
I_need_GC
07-24 10:28 AM
She can use her AP to enter back but if she has the time and can get h1b stamped she is strongly recommended to do so. Reason behind it is if she has any over stay (out of status) in the past it won't be a problem when 485 is being processed.
In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.
Hi-
My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.
We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.
Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?
In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.
Hi-
My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.
We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.
Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?
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bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
more...
sparklinks
07-19 09:28 PM
If it is new 485 filing then you don't have A#.
A# on I-140 is nothing do with your 485.
A# on I-140 is nothing do with your 485.
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Becks
03-20 09:09 PM
I was with couple of Big 5 consulting firms. Its good to work for them to add some weight to your resume. But I feel they really dont care for employees let it be immigration, comfort feeling, value to the employees etc.
So make terms clear before joining.
So make terms clear before joining.
more...
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prouddesi
10-10 03:07 PM
Wake up San Diegans!
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rajenk
10-12 11:12 AM
No that is wrong assumption. H1B can be extended only based on the beneficiary's self I-140 not spouse's
Consult his/your attorney and renew H1B. At least start GC process to be eligible for H1 extension after 6 years
Consult his/your attorney and renew H1B. At least start GC process to be eligible for H1 extension after 6 years
more...
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cjain
08-09 03:02 PM
have a poll....very difficile to read each messagio
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GotFreedom?
03-14 11:56 AM
I responded to RFEs isuued to me on March 3rd 2009 which they received on March 4th 2009 and since then I also have LUDs almost everyday from March 4th 2009 until March 12th 2009. In my opinion, I don't think it really means anything. They could just be sorting out cases and issuing RFEs to every case that has paperwork missing or insufficient.
more...
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gparr
October 17th, 2005, 09:43 PM
It took me two hours of failed attempts to arrive at this composition (No laughing allowed, Queen). Critiques appreciated, but be gentle. I'm an absolute Photoshop novice.
Gary
http://www.gparr.com/images/dahliatwo.jpg
Gary
http://www.gparr.com/images/dahliatwo.jpg
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GCNeophyte
09-03 02:50 PM
When will they post inventory data? I got bored with analyzing/looking May 2010 inventory. EB3 filers like me needs something to munch on for next couple of years.
Note to USCIS: don't delay your release dates of inventories. Keep us busy ...
Note to USCIS: don't delay your release dates of inventories. Keep us busy ...
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wanna_immigrate
02-09 01:14 PM
http://immigration.about.com/b/a/165661.htm
"In a recent panel discussion at the Library of Congress, Bill Gates suggested to "get rid of the H-1B visa caps," finding the numerical limitation for technology workers "questionable," suggesting that "the theory behind the H-1B" (cap) is "too many smart people are coming" to temporarily work in this country."
I wonder if the richest man in the world can understand and feel the pain about this why it is so hard for sen. and congress. Why corporations like microsoft is not stepping up.
"In a recent panel discussion at the Library of Congress, Bill Gates suggested to "get rid of the H-1B visa caps," finding the numerical limitation for technology workers "questionable," suggesting that "the theory behind the H-1B" (cap) is "too many smart people are coming" to temporarily work in this country."
I wonder if the richest man in the world can understand and feel the pain about this why it is so hard for sen. and congress. Why corporations like microsoft is not stepping up.
chanduv23
03-09 08:08 AM
2 more days - lets do our best - please keep sending in the letters
ratsek
01-02 12:23 PM
Thanks for your reply. We filed 485 for our son also.
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