Blog Feeds
01-21 09:50 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
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dilbert_cal
06-24 09:24 PM
If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
siddar
03-29 09:46 AM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
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GCBoy786
10-30 01:52 PM
OK.
Is there anyone who has the same status on AP and actually received the approval notice?
Thanks.
Is there anyone who has the same status on AP and actually received the approval notice?
Thanks.
more...
vivek_k
05-07 02:07 PM
Can anyone recommend on a good local (in OKC, Dallas) or national attorney that is very successful in these cases. Thank you for your help.
pointlesswait
10-27 02:52 PM
total dumbasses...these US lawmakers make laloos and mayas feel like Einsteins..)
isn't the country quota supposed to "satisfy" their need for DIVERSITY?
general rant.. guyz.. chill...;-)
isn't the country quota supposed to "satisfy" their need for DIVERSITY?
general rant.. guyz.. chill...;-)
more...
bestia
12-27 10:35 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
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pranju
08-08 12:02 PM
hmmmmmmmmmmm
no one ask to u to make any deduction , there is a link of self filers thread on the homepage ... and there are many who filed themselves ... whats wrong if want to know the update from self filers ???
comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?
Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
no one ask to u to make any deduction , there is a link of self filers thread on the homepage ... and there are many who filed themselves ... whats wrong if want to know the update from self filers ???
comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?
Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
more...
eb3_nepa
06-08 12:41 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
Then buy those tickets already!! ;)
Then buy those tickets already!! ;)
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QuintonBermuda
05-06 02:05 PM
Hello,
I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!
I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!
more...
Blog Feeds
07-09 12:30 PM
AILA Leadership Has Just Posted the Following:
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
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Alien
03-17 04:50 PM
Yes you can but your H1 will be invalidated and you wont be able to work with your primary job legally ( I think).
more...
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clif
08-12 12:59 PM
I need some advice in connection with a letter I received from USCIS for an in-person interview. It says that this interview will be video taped. It mentions a list of items to bring to the interview if they are checked, but none of the items in this letter are checked.
The items are:
- This letter, passport, I-94
- Medical exam results, Form I-693
- A current letter of employment
- Evidence of a common residence and shared life
- Other
My priority date is not current. And, my I-140 is approved and it has been more than 6 months since I-485 filing. I changed jobs about 4 months ago and did not transfer my H1B and started working using EAD. My H1B was revoked by my last employer. Also, I did not send a AC21 letter after switching jobs.
Is not sending the AC21 letter the reason for this interview? Also, since none of the items in the letter is checked, what does this mean? Please advise.
The items are:
- This letter, passport, I-94
- Medical exam results, Form I-693
- A current letter of employment
- Evidence of a common residence and shared life
- Other
My priority date is not current. And, my I-140 is approved and it has been more than 6 months since I-485 filing. I changed jobs about 4 months ago and did not transfer my H1B and started working using EAD. My H1B was revoked by my last employer. Also, I did not send a AC21 letter after switching jobs.
Is not sending the AC21 letter the reason for this interview? Also, since none of the items in the letter is checked, what does this mean? Please advise.
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roseball
11-12 01:34 AM
The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....
more...
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nixstor
12-18 11:06 AM
^^^^^
Any one recently who applied for F1 visa in Canada/Mexico/India after moving from H4??
Any one recently who applied for F1 visa in Canada/Mexico/India after moving from H4??
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ZeroComplexity
03-13 02:08 PM
wow didn't know USCIS had the time or the resources to entertain calls about LUDs ..
more...
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roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
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tammman
11-11 11:07 PM
i am trying to renew my passport, do we need to fill the form online and than submit it online or we have to print, instructions are confusing..pls help out
I'm in the same boat too and I have filled it online and printed it and it will print with scan code and some more pages which u need to fill later.
This is for SFO...
I'm in the same boat too and I have filled it online and printed it and it will print with scan code and some more pages which u need to fill later.
This is for SFO...
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Cmartin
03-06 10:04 PM
Thanks a lot guys !
It was a long journey and I wish the same result to everyone else waiting.
It was a long journey and I wish the same result to everyone else waiting.
supers789
09-21 03:35 PM
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
Thanks.
gcformeornot
07-25 12:10 PM
......
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