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07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
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agiridhar
05-14 06:36 PM
Got it !! was thinking uscis is an independent entitiy outside government, but it is not, is what it is ?
still curious, what are those "someother" laws ?
Any how, and with today's visa bulliten nobody would be intrested in this lawsuit thot.... anyways congratulations to all those who have crossed this milestone
still curious, what are those "someother" laws ?
Any how, and with today's visa bulliten nobody would be intrested in this lawsuit thot.... anyways congratulations to all those who have crossed this milestone
DSP
01-13 01:38 AM
I had my parents and my grandmom visit me last year. All three of them went together for the visa interview at Delhi. The only question the officer asked my father was - Why do you want to take your Mom to visit the US 'now'? and my dad replied, 'If I do not take her now, when will I take her?'. They all got a 10 year visa.
Hope that helps,
All the best!
Hope that helps,
All the best!
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bose
07-11 05:11 PM
It happened to us. We applied in Oct'06. Received the H4 approval notice in Jan'07. Only then I started tracking H1. My attorney called USCIS in Feb, they told him, we approved H1 (H4 will not be approved until H1 is..), but forgot to mail H1 approval. They never updated their system to reflect it. They also told him that they sent my approval notice to central storage facility, and have to order it to come back, only then it can be sent. Just 2 days back I got my approval confirmation email. Still waiting for the paper. Good luck with your case.
more...
learning01
04-06 01:33 PM
bill (# S......), will come into this S.Amdt of Specter. See my post here elsewhere in IV (http://immigrationvoice.org/forum/showpost.php?p=7032&postcount=177).
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
komaragiri
07-18 01:19 PM
Wait for the I-485 Receipt Notice(Usually takes 30 days).
more...
dskhabra
07-27 08:49 AM
Your change of status will come under 65K cap..and if the cap is not increased (lets still hope for the best) then it's going to be lottery again and it's your luck to be selected in the lottery. because of lottery you can not plan a lot of things..
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iptel
03-15 05:35 PM
Guys, please don't start Indian firm bashing here. This site is being visited by people of other nationalities as well as offices of the lawmakers. We don't want to throw mush on the companies of our own country and look small. The info spgtopper has asked for is being asked by our lobbyst, so I would appreciate if you provide the relevant info.
Just a request. Please delete your posts.
Thanks for listening
I totally agree with black_log. Involving Indian firm or trying to use Indian political influence can cause sever damage to our cause. Its not just applies India abut any nation other than US. Unfortunately this is not the first thread of its kind.
Instead of having TCS, Infosys or Wipro trying to put influence why cant we have companies like Google, Intel, Micrsoft, Cisco or Yahoo. Their voices will be heard with respect.
Just a request. Please delete your posts.
Thanks for listening
I totally agree with black_log. Involving Indian firm or trying to use Indian political influence can cause sever damage to our cause. Its not just applies India abut any nation other than US. Unfortunately this is not the first thread of its kind.
Instead of having TCS, Infosys or Wipro trying to put influence why cant we have companies like Google, Intel, Micrsoft, Cisco or Yahoo. Their voices will be heard with respect.
more...
gc_on_demand
12-30 10:06 AM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
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sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
more...
Vturlapati
08-30 12:12 PM
On a separate note, If we have valid AP now and already applied for extension, if we get GC approval while in India , can we wait till we get new AP and reenter using new AP if somebody brings that or mail it?
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NKR
02-14 03:33 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
more...
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ameryki
04-08 04:14 PM
yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.
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priderock
05-08 04:40 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
more...
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rvr_jcop
04-29 01:42 PM
I think it means , can enter country with H1B visa stamped before entering, if Advance parole is not there
What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?
What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?
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fernandoamat
11-17 09:31 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
more...
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Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
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jackie3
05-07 05:42 AM
hi jase21. i think .net is the best programming language till date. wat do u think?
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nixstor
03-31 08:37 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.
darsh678
02-12 02:29 PM
Hello
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
Thanks.
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
Thanks.
Almond
07-20 09:32 PM
They expire after a certain amount of time. Just go take them as they want you to. You don't want anything to get delayed in the future just because you don't want to be bothered with them today.
