Blog Feeds
06-17 08:40 PM
In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
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rajnag21
07-05 11:52 AM
Hi All,
Is no one willing to share information with me ?
Is no one willing to share information with me ?
veritas1
10-16 10:12 PM
I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
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newbie2020
04-28 09:43 AM
Here are few pending immigration bills which have a higher chances of passing in both house and senate. I was looking at some of the bills and noticed when a bill (or a varient )is introduced in both houses simultaneously the chances of that bill passing are higher.
This may be a good idea for us to try pushing some of the EB related measures if we can
into these bills. I know someone may say Hey these are family related bills But remember how they add the immigration, healthcare, veteran measures into budget or appropriation bills.....similarly we can try.
1 . Uniting American Families Act of 2009 (Introduced in Senate)[S.424.IS]
2 . Uniting American Families Act of 2009 (Introduced in House)[H.R.1024.IH]
This bill and varient were introduced in both house and senate. Note: It touches the
SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES This is one item we always talk about removing the country limits......
The other bills in progress are
3 . Immigration Fraud Prevention Act of 2009 (Introduced in House)[H.R.1992.IH]
4 . Immigration Fraud Prevention Act of 2009 (Introduced in Senate)[S.577.IS]
5 . To amend the Immigration and Nationality Act to exempt surviving spouses of United States citizens from the numerical limitations described in section 201 of such Act. (Introduced in Senate)[S.815.IS]
6 . To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children. (Introduced in House)[H.R.1870.IH]
Any thoughts.....
This may be a good idea for us to try pushing some of the EB related measures if we can
into these bills. I know someone may say Hey these are family related bills But remember how they add the immigration, healthcare, veteran measures into budget or appropriation bills.....similarly we can try.
1 . Uniting American Families Act of 2009 (Introduced in Senate)[S.424.IS]
2 . Uniting American Families Act of 2009 (Introduced in House)[H.R.1024.IH]
This bill and varient were introduced in both house and senate. Note: It touches the
SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES This is one item we always talk about removing the country limits......
The other bills in progress are
3 . Immigration Fraud Prevention Act of 2009 (Introduced in House)[H.R.1992.IH]
4 . Immigration Fraud Prevention Act of 2009 (Introduced in Senate)[S.577.IS]
5 . To amend the Immigration and Nationality Act to exempt surviving spouses of United States citizens from the numerical limitations described in section 201 of such Act. (Introduced in Senate)[S.815.IS]
6 . To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children. (Introduced in House)[H.R.1870.IH]
Any thoughts.....
more...
zico123
06-08 01:37 AM
I talked to an attorney and he said that she can file but likelihood of getting another extension is very low.
Talk to a competent attorney. Medical reasons are seen as EXCEPTIONAL cases by USCIS. If the illness is serious enough she will be given preferential treatment and might get visa waiver for the duration of her treatment. A proper attorney can advise further.
Talk to a competent attorney. Medical reasons are seen as EXCEPTIONAL cases by USCIS. If the illness is serious enough she will be given preferential treatment and might get visa waiver for the duration of her treatment. A proper attorney can advise further.
rbharol
04-07 10:05 PM
Please do not start meaningless threads.
Moderators Please delete this thread.
Moderators Please delete this thread.
more...
p_kumar
10-24 02:15 PM
can u share pl.
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Blog Feeds
11-12 04:10 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Howdy,
I am Lou Dobbs. You probably heard by now, I am forced out of CNN.
And CNN claims they lost viewership because of me. Bull shit! See you popular Rush is.
Every reasonable person with an IQ of less than 100 listens to us. We along with Sarah Palin is the new face for the Republican party. Believe me, we will take down those democrats soon. If it means that every dog and cow in this country has to vote for us, we will see to it that it does. Not like Acorn, allowing illegal immigrants to vote. The dogs and cows have to be born in America and so do their parents and grandparents.
The liberal media has just gone out of hand! And I am sure that that illegal Obama personally requested CNN to throw me out. Folks, he is waging war against me, against Fox news. We are in a dictatorship folks, we are the same as Kim Jong IL. Face it, George Bush spent his time ,( when he wasn't hunting or sleeping,) working. Obama spends his time waging war against me. We are indeed in very dark days. And he is an illegal, holding the top job in this country!!!
When we take over America again, we will gather all the illegal immigrants and gas them. Yes, Hitler had the right idea. In fact, we should consider denying rights to non white people born in the US. They have no rights, their fathers and grandfathers were not born here.
Folks, rise up against that illegal bastard, Obama!
And keep listening to me.
Yours forever,
LOU DOBBS!
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-8416469557898230639?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/lou-dobbs-exits-cnn.html)
Howdy,
I am Lou Dobbs. You probably heard by now, I am forced out of CNN.
And CNN claims they lost viewership because of me. Bull shit! See you popular Rush is.
Every reasonable person with an IQ of less than 100 listens to us. We along with Sarah Palin is the new face for the Republican party. Believe me, we will take down those democrats soon. If it means that every dog and cow in this country has to vote for us, we will see to it that it does. Not like Acorn, allowing illegal immigrants to vote. The dogs and cows have to be born in America and so do their parents and grandparents.
The liberal media has just gone out of hand! And I am sure that that illegal Obama personally requested CNN to throw me out. Folks, he is waging war against me, against Fox news. We are in a dictatorship folks, we are the same as Kim Jong IL. Face it, George Bush spent his time ,( when he wasn't hunting or sleeping,) working. Obama spends his time waging war against me. We are indeed in very dark days. And he is an illegal, holding the top job in this country!!!
When we take over America again, we will gather all the illegal immigrants and gas them. Yes, Hitler had the right idea. In fact, we should consider denying rights to non white people born in the US. They have no rights, their fathers and grandfathers were not born here.
Folks, rise up against that illegal bastard, Obama!
And keep listening to me.
Yours forever,
LOU DOBBS!
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-8416469557898230639?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/lou-dobbs-exits-cnn.html)
more...
sledge_hammer
07-09 11:41 PM
Did you get an answer from your attorney?
I emailed attorney and waiting for reply.
I emailed attorney and waiting for reply.
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pappu
06-20 09:19 PM
http://immigrationvoice.org/forum/showthread.php?t=5400
more...
stebbinsd
01-18 07:51 PM
EDIT: Sorry, double post.
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sundarpn
07-24 05:44 PM
oh, so once can switch back to H1b within 12 months and NOT be subject to the CAP?
more...
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marwan234
07-25 04:28 PM
:confused:
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bidhanc
07-29 07:16 AM
If your Husband's GC was approved and it was a straight forward case, yours should be approved also.
I would suggest taking an "infopass" and checking on the status of your case.
thank u so much for ur prompt reply.
my husband's priority date is current now so are there any chances for me to get gc now??
I would suggest taking an "infopass" and checking on the status of your case.
thank u so much for ur prompt reply.
my husband's priority date is current now so are there any chances for me to get gc now??
more...
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regacct
05-03 10:08 AM
NIV Renewals - U.S. Diplomatic Mission Abuja, Nigeria (http://nigeria.usembassy.gov/niv_renewals.html) Check it out, it does not mention anything specific.
You cannot go to Mexico, it is out of picture (Visa Services (http://tijuana.usconsulate.gov/niv.html)).
Next option is for Canada, but if you do not have US education or experience in US as they clearly mention on consulate site of Canada (Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability)).
It is recommended to go to Home country for change of status or First time H1B visa stamping. The reason is, it is much easy to verify your education certificates, work related certificates etc if you are from your home country.
Disclaimer: I am not a lawyer.
You cannot go to Mexico, it is out of picture (Visa Services (http://tijuana.usconsulate.gov/niv.html)).
Next option is for Canada, but if you do not have US education or experience in US as they clearly mention on consulate site of Canada (Visa Requirements • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability)).
It is recommended to go to Home country for change of status or First time H1B visa stamping. The reason is, it is much easy to verify your education certificates, work related certificates etc if you are from your home country.
Disclaimer: I am not a lawyer.
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greencardvow
07-31 07:03 PM
Search the forum...This question is answered.
Hey guys,
I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).
But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.
I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.
Thanks in advance.
Hey guys,
I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).
But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.
I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.
Thanks in advance.
more...
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guyfromsg
07-23 10:57 PM
Plzz suggest me
1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
2.I got the new I-94 card
3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)
Thanks In Advance
Siva
I don't think you can send the latest I-94. The out of status is counted after the last entry before filing for 485. Once 485 is filed it cannot be reset. My 2 cents.
1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
2.I got the new I-94 card
3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)
Thanks In Advance
Siva
I don't think you can send the latest I-94. The out of status is counted after the last entry before filing for 485. Once 485 is filed it cannot be reset. My 2 cents.
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gcwait2007
12-27 05:46 PM
Mine is at Nebraska
My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.
I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.
Please keep us updated.
My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.
I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.
Please keep us updated.
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reddymjm
06-19 04:21 PM
The moment the H1B is approved, your friend is on H1B. L1 gets automatically cancelled when the H1B is approved. This is what I am told when it happened to me. But in my case, both L1 and H1B are done by the same company. If they are different companies, I am not sure how it works.
U R RIGHT. If h1b has a future start date you can work on L1 till that date.
U R RIGHT. If h1b has a future start date you can work on L1 till that date.
xela
04-06 05:34 PM
I have 2 questions:
While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?
secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
I know there is some humanitarian things at uscis would those apply to me and can i make use of those?
Thanks!
While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?
secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
I know there is some humanitarian things at uscis would those apply to me and can i make use of those?
Thanks!
GIDOC
05-30 10:15 PM
It is difficult to predict the timeline.
The house members are not happy with the Senate bill.
I have read that the conference committee may meet next monday ( all hearsay).
We can only pray and hope for the best.
The house members are not happy with the Senate bill.
I have read that the conference committee may meet next monday ( all hearsay).
We can only pray and hope for the best.
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