ramaonline
01-17 04:44 PM
GC holders are eligible for unemployment benefits - Check detailed rules on the state unemployment agency website
http://www.immigration-law.com/Matthew%20Oh%20Blog.html
search for unemployment benefits
http://www.immigration-law.com/Matthew%20Oh%20Blog.html
search for unemployment benefits
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drak70
11-01 12:27 AM
Hi all,
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
rameshk75
12-06 08:15 AM
How do you know that name check and background were completed in October? Did you call USCIS?
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H1bslave
10-19 09:09 AM
thanks for info, however the news says about illigal but I feel better after your input. All I got to do now is find someone **** and claim GC :)
its applicable to everybody...if ur victim of a crime...u can get gc too.
its applicable to everybody...if ur victim of a crime...u can get gc too.
more...
GCBoy786
10-30 01:23 PM
Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?
For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.
For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.
zeus2000
04-07 02:18 AM
Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
more...
GCLONGWAIT
02-14 10:08 PM
I used Raj Travels people for submitting my paper work at VFS. I got my stamping done in september 2009
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apt29
07-23 04:22 PM
Please see this link
http://travel.state.gov/visa/temp/info/info_1299.html
http://travel.state.gov/visa/temp/info/info_1299.html
more...
HalfDog
03-26 12:52 PM
Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)
Pencils and graphite are synonymous. 2B 2H 6B blah blah
Pencils and graphite are synonymous. 2B 2H 6B blah blah
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wandmaker
10-08 03:20 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)
more...
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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snathan
03-28 12:42 PM
I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
Before answering your question...I want to know this.
You got your H1B in Oct 2008. That means your status changed from F1 to H1. Now its March 2009. So all these period are you employed and have the pay stubs for the same. If you dont have then you are out of status and you can not change the status to F1. If you want to change the status, you need to be in status first.
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
Before answering your question...I want to know this.
You got your H1B in Oct 2008. That means your status changed from F1 to H1. Now its March 2009. So all these period are you employed and have the pay stubs for the same. If you dont have then you are out of status and you can not change the status to F1. If you want to change the status, you need to be in status first.
more...
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gparr
January 29th, 2005, 06:09 PM
Unfortunately some of your water is blown out, which is a distraction. I also find the dead stick very distracting in this image of water and lush foliage. I did a little processing and cropping. See if you think it's better.
Gary
Gary
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desigirl
12-01 09:55 AM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
more...
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gbof
08-26 10:56 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.
There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer
Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.
There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer
Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...
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senthil1
05-20 01:42 PM
It is true that immigration is not at all reason for unemployment. When unemployment increases that will decrease immigration to some extent. We could see that in h1b numbers and also illegal immigration. But future immigration will depend on how fast jobs are created when recovery starts.
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
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sam2006
09-21 03:03 PM
Guys
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..
all the RN from SRC...
any one on the same boat
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..
all the RN from SRC...
any one on the same boat
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Blog Feeds
03-21 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)
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piyu7444
11-12 12:51 AM
I had not seen the other post and now I got your attention........I will surely mail the letters.
desi3933
02-27 07:31 AM
Hi,
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?
I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav
Please share the RFE.
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?
I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav
Please share the RFE.
Sakthisagar
11-15 10:18 AM
Everybody wants to do something about Legal immigration, but the fact is when unemployment in The USA is still 9.6 %, No immigration bill will pass whatsoever. there is chance on Lame duck session. Unless there is some Political gimmick ...
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