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I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.

Question:
Do i need to file for new h1-b or transfer?

No transfer..may be a new LCA but not sure.

Hello all,

I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.

My question is:

1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).

2: Would my F1 application cause my 485 to be denied or vice versa ?

Thanks in advance

AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.

The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.

Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.

Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.





More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)

For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)

Thanks for the insightful info...

Hi,

Any experience with this law group for EB based GC ? Please do post. Thank You !

My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help


We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(

Do you want to play basketball with me?:D

??

Just added. You are too quick :) :)
For some reason I could not add the poll options until I submit the message.

Divyendu Sinha was beaten to death while he was out on a walk with his family near his
home in South New Jersey. He holds a PhD and was a professor and author of computer
Science books.

Old Bridge man who was attacked by teenagers dies from injuries | NJ.com (http://www.nj.com/news/index.ssf/2010/06/old_bridge_man_who_was_attacke.html)

Three teenagers arrested in beating of Old Bridge man | NJ.com (http://www.nj.com/news/index.ssf/2010/06/three_arrested_in_group_beatin.html)

This is SAD, but what have to do with "Imigration Voice Issues and Congressional updates"? >

07/06/2007: Hard Working Women and Men in USCIS Behind the Visa Number Fiasco

From the information available thus far, this reporter believes that no one in the agencies intended to bring about this fiasco. It was lack of close communication and coordination between the USCIS and the DOS and more or less a poor handling of the situation at some level within the USCIS. The people should remember that there are many and many women and men in the agency involved who worked hard just like you and me to do the given jobs, including managers, supervisors, and other higher ups. The agencies should take this fiasco as a good opportunity to learn a lesson on what could go wrong in the management of immigration services and responsibilities affecting hundreds and thousands of other human beings. This reporter has been visiting the field offices, particularly Nebraska Service Center and other local field offices, almost every single year for over past 20 years and have met the "human" faces of hard working officers and other workers working in tiny cubicles and facilities that cannot be described as fancy offices but more or less factories and plants. When I report the current news, this reporter sees the faces of the women and men that I have met who worked in the not necessarily fit office space and environment. Without doubt, the current fiasco should be one way or another corrected and prevented in the future. However, the people should not take this opportunity to dehumanize the current event and easily demonize other people with no faces. Probably this is the time when these women and men need most an emotional support and boost from their invisible customers. After all, things will go through the legal process or other processes to correct the mistake. Low morale of these women and men will help no purposes and causes. On behalf of our readers, we want to send a big "CHEER UP" to these women and men!

Source:- http://www.immigration-law.com/

DEC 07 PD is current ..??? which category are you in.

I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.

Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.

So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?

U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:

The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.

Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.

Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)

http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.

Hello everyone:

I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.

Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.

I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?

Thanks!

In Franz Kafka's chilling story "The Metamorphosis", a man wakes up one morning to find that he has been transformed into a "gigantic insect". Recently, a California family, all permanent residents for over 30 years, was suddenly informed by the government that they were all illegal aliens and must return to Thailand. Mr. Promsiri entered the United States on a student visa. His wife and two young sons, aged 10 and 3 joined him in 1971. In 1975, the parents obtained a divorce from a Thai Consulate in the U.S. The wife married an American citizen, and the couple honeymooned...

More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)

This is ridiculous. Arbitrary and capricious. This is most unbecoming of an advanced society. You would think that mind numbed robots were running the system instead of sensible human beings.

The NC DMV is taking a really long time to validate my EAD. Its been over 60 days now since my license renewal based on EAD expiring October 2010. They keep sending me back with a temporary license valid for 15 days saying they are yet to validate and issue my perm license based on EAD.

i am trying to renew my passport, do we need to fill the form online and than submit it online or we have to print, instructions are confusing..pls help out

shouldnt the i be small and the c be big?

Hi,

I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?

Request you to reply soon.

Thanks