Wednesday, June 29, 2011

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  • chirukatti
    05-02 06:12 PM
    I hear that any transfer of a visa to a different one, in your case from L1 to H1 need to go back to your home country for stamping. Please consult an immigration laywer for more details.

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  • fall2004us
    10-08 03:42 PM
    bump ^^^

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  • dimpi
    12-23 11:33 AM
    its down until monday for maintenance (srew ups)

    sainta claus came and unplugged their systems as it was spitting too much junk.
    its mentioned on uscis home page under technical(screw up) alerts

    merry x-mas

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  • rongha_2000
    04-22 12:16 PM

    Considering you are an immigration attorney. Will you help me in my query?

    My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?

    I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.

    Your insights are appreciated.

    Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.

    AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.


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  • sanjay02
    11-23 07:28 PM
    Hire a competent attorney for your interview.

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  • yganreddy
    07-07 03:46 AM
    it is nothing but an employer letter in which you need to specify your designation and your continuation of your employment with that company. I sent the same letter for H4 stamping to my spouse.


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  • visacase
    06-21 03:54 PM

    Please help me with my situation below:

    1) Got laid off from company A (they haven't cancelled my H1).

    2) Got my H1B transferred to company B (this H1B transfer has not yet been approved). I did not work for them.

    3) I did premium processing for H1B transfer for company C and got it approved. I haven't started working for them.

    4) Now I have decided to work for company D. They are ready to do my H1B transfer.

    Will that be a problem or do I have to go with company C? I do not have paystubs from company B and C. If I have to reenter US, will that be a problem? Please help me out.

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  • sh2005
    08-03 06:54 PM
    They are not always up to date on their processing times.

    Evidently.... I guess I can't rely on it too much for predicting approval of the other applications. I heard of a similar situation too, the receipt date is very close to mine and it got approved today.


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  • learning01
    04-14 01:19 PM
    and stands at 90% (active members vs. total members) as of now.

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  • ticktoe
    07-15 09:22 PM
    I am having an option of joining a new employer with whom to file LC. Company is not very big 50 employees and started in 2002.

    I am very worried about the stability of the company. This kind of companies are normal or I am just unneccessarily imagining and worrying ???

    How to check the stability of a company before you start filing anything ???

    Anybody knows about this ??


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  • whattodo21
    07-22 09:09 AM (

    Itis the first court hearing in the Obama administration's lawsuit against Arizona's new immigration law, a case that sets up a rare clash between the U.S. Department of Justice and an individual state over one of the nation's most divisive political issues

    Wonder what this lawsuit will bring to immigration reform discussion?

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  • roopamadhu2004
    03-14 12:45 PM
    Employer 1(Very small company and doesn't exist anymore):
    1) Labor cleared,
    2) I-140 approved
    Then Joined in another company (Multi billion company) Employer 2:
    1) Labor cleared
    2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
    3) Still waiting for Green card

    My priority date: Sep 2002 (It is carried from first employer)
    Still I am getting H1 B extensions - every 3 years with Employer 2
    But my wife is working in EAD

    In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
    1) Labor cleared
    2) I-140 approved Mar 2011.
    3) Priority dates are not current and waiting for it.

    My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
    2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)

    Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
    2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
    3) Then does it mean my wife is working illegally?
    4) When is the best time to backout (My wife is not happy to leave her current employer)?
    5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?

    Please let me know. I appreciate your advice and help!


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  • EAD
    01-28 07:29 PM
    Hi Guys,

    How important is NAICS code. Can someone has same SOC code but diffrent NAICS code can interchange . I read only SOC codes, discription and wages matter.Is it true.


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  • greencard_seeker
    08-07 08:15 AM
    Hi Guys,
    I don't know if this is already posted... Here is my situation...
    I had applied for 485 in July with Future Employer in EB3.
    After 6 months, I want to port the application to my existing employer. At that time, is it possible to convert the application from EB3 to EB2 using AC21 portability??
    Any help is appreciated!!!


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  • aadimanav
    04-02 12:57 PM
    yep, i saw that on immigration-law too...wanted to email all the reporters with this PDF. but alas yahoo says too many email ids /receivers for the mail.

    can somebody tell me how to send email to 500 ids (approx) thru yahoo?

    send in multiple instalments

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  • maxy
    02-25 11:34 AM
    got few answers ... searching from other sites.

    I-130 does play a role, when applying for visitors visa. but that doesnt disquialify anyone from getting visa. you have to show string ties to your country and provide enough evidence that you will come back. there are cases where they hv granted 10yrs multple visas !!


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  • WFGC2006
    07-20 02:40 PM
    maybe this question has been asked before, I just couldn't find the thread.

    These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?

    If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.

    Do I understand correctly?

    Is this fair, though?

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  • Blog Feeds
    08-07 09:40 AM
    Before starting the application process for permanent immigration, foreign nationals who enter the United States on non-immigrant visas (NIV) are considered to be here temporarily. The law presumes NIV holders intend to return to their home countries at the end of their stay in the United States. There are many NIV categories — student visas, business visas, visas for tourism, and investor treaty visas to name a few. While NIV applicants must have the intent to return to their home country, there are a few non-immigrant categories that allow a person to have dual intent, that is, to intend to be here temporarily now but eventually to immigrate. Prior to permanently immigrating to the United States, a foreign national will generally enter on a non-immigrant visa (dual intent NIV).

    All NIV applicants are required to fill out an application form to the appropriate consular post and submit the DS forms according to the NIV category they are applying. The current forms available are DS-156, 157, 158, 156K, 3032). Currently, twelve consular posts are required to use Form DS-160, a Web-based NIV application form that incorporates all of the current NIV forms into one format via the Web site. When an NIV applicant fills out the form, the applicant has the option of uploading a digital photo. Once the form is submitted online, the NIV applicant will receive a confirmation page. The new DS-160 form is required in twelve posts (including Mexican and Canadian posts, Dublin, Hamilton, Hong Kong, and Tripoli), and the DS-160 form advances the NIV process since it is submitted in advance of the interview.

    NIV applicants should make sure to utilize the appropriate DS form according to the consular post requirements currently in place.

    Please call us at 214-999-9999 and we will answer your non-immigrant visa questions.

    More... (

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  • ds37
    01-27 04:34 PM
    Quarterly spil over will not happen untill overall demand is met
    Let me know if my interpretaion is wrong.

    "The American Competitiveness in the
    Twenty-First Century Act (AC21) removed the per-country limit in any calendar quarter in
    which overall applicant demand for Employment-based visa numbers is less than the total of
    such numbers available"



    12-11 10:23 AM
    A thought about meeting the Senators/Congressmen.

    Should we not meet the new senators and congressmen now, BEFORE they actually join office? I have a feeling that once they take office, they will become too busy with day to day stuff and immigration will DEFINITELY become a back-burner issue.

    Is it possible to meet the new people moving in after January, now instead of after they take office?

    04-07 02:52 AM

    Some people are reporting Name check / FP cleared status with their signatures. How can one find out the status?

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