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  • njboy
    09-11 01:35 PM
    well, he is talking only about the backlog processing centers...so..there are no i-140s backlogged in the BPC because.......there are hundreds of thousands of labor certifications that need to be cleared first..only after which they can apply for i-140! Like I said, he is focusing on the positive, which is a good thing..Someone else (erroneously) said that the department of labor and the backlog processing centers are 2 different entitities..however, I'd like to point out that, the job of clearing the labor certs has been transferred over from the state workforce agencies to the backlog processing centers..so, ignoring that, and saying there is no i-140 backlog is just focusing on the good news..





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  • rajpatelemail
    12-09 03:57 AM
    ***Comment Given***
    these are small things no use wasting time, even if itr is abuse its stupid to take it personally as this is just a faceless screename, please lets grow up ok?
    *******

    Who is this d*** less butthead gave comment , just give your id pal...
    First you grow yourself by mentioning your id, then start suggesting to others.


    That is what we are saying... Comments with id s is fine. So that nobody will do anonoymous filthy comments.





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  • mjdup
    03-01 06:14 PM
    Quite obvious why the jobs get outsourced. Great !





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  • marwan234
    08-06 12:23 PM
    :eek: I-140 application, page3, under paragraph Copies: "Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original".
    :D



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  • thomachan72
    08-12 10:56 AM
    I dont understand why your lawyer did not notice this and question you before sending everything out. However, there are thousands of applications that they are dealing with and hopefully yours will go through. By the way did you send in all the original documents or notarized photocopies? Those who send in affidavits+non-availability certificates, did you send in originals or notarized copies?





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  • gopinathan
    04-13 01:55 PM
    braindrain - can you please update on your parents visa please ..

    I have a similar issue that I need some guidance..

    My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.

    Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.

    how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)

    thanks
    Gopi



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  • bsbawa10
    07-11 10:13 PM
    Did not want to go off topic but I was just wondering why this thread is not on "Donor Forum". In other words I was thinking what goes in Donor forum and what does not and how is that decision made. Also does anybody think that donor forum is mis-named. Donor is the one who just donates and does not get anything special back. These should be called "Paid Services". What do you think ?





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  • anoopraj2010
    08-04 12:42 PM
    Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.

    Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.


    anoopraj2010

    you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think



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  • jnraajan
    03-27 11:56 AM
    I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?

    My Receipt ID: 54118296K6578915K





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  • 485Mbe4001
    03-28 04:34 PM
    Can you make the PD field numeric, sorting will be easier.



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  • Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.


    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.


    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.


    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. 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. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)





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  • mirchiseth
    05-11 08:58 PM
    Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.



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  • ubetman
    09-10 12:08 AM
    Can we buy there in DC instead of ordering now and not receiving before we leave? I am from dallas and If I order on Monday, do you think I can get before friday? FYI: I am leaving on saturday morning...Thanks...





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  • gcgreen
    10-15 12:55 PM
    Much as we all would like to believe the statement below, do we have any actual study done that concludes that x number of people were prevented from immigrating and look they went home and did these great things?

    If there is such a study, that would be very compelling.

    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm


    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."



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  • Jerrome
    05-21 01:48 PM
    Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?





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  • ThinkTwice
    07-11 05:59 PM
    the bay area.

    - SFSU
    - SJSU

    Please post this info for ALL international students.



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  • paskal
    03-15 12:28 AM
    In 1996 I joined a residency on J-1
    1999-2001 i did a fellowship
    2001-2003 another fellowship- needed special permission from ECFMG

    2003 started a waiver job and I'm still in the same job in my 4th year.
    Good job in a very nice metropolitan area.

    Home residency requirement is 2 years
    The new Conrad law is certainly better and should make things somewhat easier.





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  • ksvreg
    03-29 04:05 PM
    As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...

    How long the process took before filing? How much time for PWD alone?





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  • clif
    06-14 09:41 PM
    Dear Friends,

    Please excuse my ignorance, but I don't know what AC-21 is. Can someone please give me some idea?

    Thank you.





    Green.Tech
    04-08 03:45 PM
    Hi,
    How many EB3 cases with PD before Dec 01 pending.
    My PD is Oct 21st, 01, EB3 (India)

    485 Filed in Jun'07, No LUD's since Aug'07

    Too many... :)





    MSCapBust
    07-19 12:02 PM
    I'm doing an internship on CPT.
    I will be out of school at the end of August.



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