Wednesday, June 29, 2011

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  • Blog Feeds
    06-10 06:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.

    USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS.

    Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

    Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

    ***All information has been taken from USCIS.GOV





    More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)




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  • sw33t
    07-31 10:26 PM
    24 and counting.

    Please join - http://groups.yahoo.com/group/texasiv




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  • Blog Feeds
    05-25 08:30 AM
    As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

    The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

    VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

    * Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
    * Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
    * Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
    * Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

    All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.




    More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)




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  • nixstor
    03-12 04:13 PM
    roseball,

    Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).

    What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.

    I will talk to a lawyer and let you know what kind of response I will get.



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  • abcka111
    05-01 06:57 PM
    My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:

    1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?

    2. If he finds a job after getting fired, will he be out of status till he finds a job?

    3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?

    4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?




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  • Reggit
    10-13 12:52 AM
    I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.

    Thanks again. :A+:



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  • dkin007
    01-21 08:15 AM
    Hi,

    My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.

    Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?

    If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.

    Please respond with your suggestions.

    Thanks a lot in advance!

    Regards
    DK




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  • sath2000
    07-17 04:46 PM
    Hi,
    I posted the same information on FREE answers to questions from an Immigration Lawyer.

    Here is my issue regarding the PD.

    My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.

    In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.

    At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.


    thank you



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  • amitga
    01-25 09:37 AM
    Even GC cannot work on security Clearance projects. Only Citizens allowed.




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  • stephsh
    01-18 04:13 AM
    Yes, I would really appreciate that!

    It doesnt necessarily need to be HTML. I just need to make sure German characters such as �, � and � are properly displayed in every browser.



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  • sidbee
    05-27 12:57 PM
    From what I read in the article they are talking about chaging 'the place of incorporation' from Bermuda to Ireland to avoid paying higher taxes through the proposed tax legislation ...dosent't talk about relocating all operations to Ireland

    I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.

    They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.




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  • gc_check
    04-25 10:00 AM
    The president can do very little about this. Indeed he tried. It is the congress .
    Did he Really try ? It is a question for debate... Well, he promised something in the first year of the presidency, Well, for Immigration Reform !! Hope and help is still on its way !!! Change is yet to come !!! I do not think, he really put his all or this was one of the agenda with higher priority. Just my 2 cents ! It is just another blame game



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  • ashkam
    10-16 03:06 PM
    Hi,

    If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).

    goodluck,
    vaishu

    By courtesy copy do you mean the original I-797C?




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  • jamesingham
    05-29 10:16 AM
    As far as I know, nothing that is being considered in the Senate is going to relieve the Green Card backlog.

    They have plans to eliminate the backlog in 5 to 8 years not immediately. So if one chooses not to re-apply under the new point based system, waiting time doesnt change much for him. (It may be become worse because they are cutting down immigrant visas in EB category from 130k to 90k)

    But if one decides to re-apply under the new point based system, things may become faster.

    I am hoping that under the new system, they will give some priority to people who already waited for a significant amount of time under the old system.

    This is just my analysis based on the articles I read on the internet and the bill text itself.



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  • skd
    08-05 11:18 AM
    Hello all,

    i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
    Person A : PD august 2005 and I-485 filed on : 15 th july
    Person B : PD august 2006 and I-485 filed on : 2 nd july
    who will get GC first ? Person A or person B ?
    thanks in advance.

    Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
    USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
    Now say in January 2008 the PD was made September 2005, In that case Person A will get first
    But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first




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  • de2002
    03-24 05:15 PM
    http://firstread.msnbc.msn.com/archive/2009/03/19/1843837.aspx?p=1



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  • Rune
    February 3rd, 2005, 01:55 AM
    Nice edit Anders. And your version seem to be more in line with the rule of thirds too?




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  • Leo07
    06-09 01:50 PM
    Any attorneys opinion? or people who were in similar situation?

    remember, it's not my entire company being sold to another company. Only a fraction of company( a division) is being sold along with the assets( people,stuff etc).




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  • letstalklc
    10-06 11:50 AM
    I dont think so, never heard of that....




    alparsons
    November 16th, 2004, 09:02 PM
    Looking at these pictures and I think that a couple of these would be a nice alternative to the usual porch light by the front door.




    Dhundhun
    03-27 07:35 PM
    :)LOL:)
    Wait for GC is a lifestyle.



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