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a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.

hi,

I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.

I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?

Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?

I hope I am able to explain my confusion well. Any help on this is appreciated.

Thanks !!

That's a good sign for folks who wants to file green card next year and could not file this year becos of bad labor market

The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.




More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)

Another proof that H1B is modern day slavery.

If you have worked on a H1B that was from the quota and you have
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.

Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.

My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.

I heard on Lou Dobbs yesterday they are going to introduce this bill after Aug Vacation.
But I couldn't catch all info about it. Did anybody watch entire conversation?

http://transcripts.cnn.com/TRANSCRIPTS/0708/01/ldt.01.html

After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?

In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)

I would hate to have to carry this for the rest of my life.

Lawyers - Your legal opinion would provide relief to my aching shoulders :)

you will need to keep them until you are naturalized. scan them and keep digital copies in a handy location, while you store these originals somewhere in the basement.

It's about time the govt decided to question H1B visa hogging companies.

sorry here

Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

appreciate your answer.

I just spoke with Siva, and the funding might not be the issue with DoL. This might be a case of the "mythical man month" (training more people takes time).

If USCIS think it practical then keeping priority dates may be something that the law makers will consider.

Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.

Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.

Any updates please????

http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search

The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!

What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!


Dear Vatsa,

I'll tell you what it takes.

It takes strength, both in membership and money. And the former helps bring the latter.

Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).

Encourage others to participate in the Add ONE Member campaign started by IV.

Thank you.

Thanks. I like your idea;A better place for that would be any country where expatriates work in the Middle East ( Saudi Arabia, Dubai, Kuwait, Qatar, Oman etc)
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.

There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.

Any thoughts.

Friends I have a relative who is willing to get his GC via EB-5 Category.
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?

Appreicate it

Hello NC-ians,

I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?


Please share your experience.

Thanks,

Don not open multiple threads for the same post.Please

Hi,

My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.

Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.

Please advise.

Thanks,
Nid

Computer would not let officer open SR if your application is well within processing time. So I am not sure, how your SR was opened. Wait for your time to come and your GC would be approved.