Sunday, June 26, 2011

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  • amitga
    12-06 04:41 PM
    I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.

    In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.

    Please let me know your view.

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  • belmontboy
    11-03 05:57 PM
    Do you guys think this 2008 election will have any impact on the immigration process?


    Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

    Now nothing will get done, and they will have no reasons.

    Welcome to world of politics my friend :)

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  • Hassan11
    04-08 11:13 AM
    is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.

    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.

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  • naturopathicpt
    06-29 04:53 PM
    Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

    I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

    "If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

    So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

    I appreciate your generous response.



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  • GCEB2
    09-20 11:06 PM
    Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and

    And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.

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  • greenguru
    04-01 04:11 PM
    EB3 Labor

    EB2 Labor

    Cheers, gG


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  • pcs
    04-17 12:54 PM
    Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)

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  • girishvar
    08-15 12:48 PM
    As long as your DOL job code is same or similar between your approved labor and new job you will be ok.

    Hello Gurus,

    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.:confused::confused::confused:


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  • small2006
    07-21 12:43 PM
    I knew this would be the next obvious question and therefore I included that last line in my earlier post. Sorry but I tried to glean that from my attorney and there was no way he would give it to me.

    If you have an attorney working on your case it should be a simple matter of him/her sending in the request. Please try that option. Also I think it would carry more weight if it goes from an attorney's office than from an applicant directly.

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  • eldrick
    08-16 02:56 PM
    I'm scared now. The problem is as per the company's policy we're not allowed to contact the lawyer directly.

    I've read somewhere before that if you did not sign G-28 it means the receipt will go directly to you. But, I'm not sure.


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  • wandmaker
    11-21 04:10 PM
    You ask your Ex-coworker to draft a letter with detailed duties and responsibilities and print it on his current companies letterhead. You dont have to get it notarized. I did issue a similar letter for one of my friend, it was long long ago, don't have the format yet. btw, i did not notarized, I just printed, signed and mailed.

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  • h1b_tristate
    07-27 09:16 PM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?

    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?


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  • godspeed
    03-23 09:49 AM
    I have filed for Advance parole the second time, got it approved and the documents in hand in about 4 weeks.

    The dates can be tentative, put in a date when you think you might travel, its not hard and fast so guesstimate.

    The list of docs to be sent with your AP form are :
    � Filled in form I-131
    � Check
    � 2 Photographs
    � Copy of I-485 receipt notice
    � Copy of previous approved advance parole document(if any)
    � Copy of passport pages
    � Copy of drivers license

    Hope this was helpful

    Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"

    And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval that right? or what other documents do I need?

    I would highly appreciate your help!
    Thnaks in advance!

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  • hianupam
    11-09 08:35 AM
    Texas does not give a damn about any of this.

    Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.

    Anybody have any recent experience in getting a TX drivers license in Houston while on EAD?
    I currently have a PA driver's license that is about to expire in Dec.


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  • eb3_nepa
    10-25 04:11 PM
    EAD card approvals in the case of primary + spouse are TOTALLY INDEPENDANT of each other. So just coz your ead is approved does NOT mean ur wife's will be approved as well. Your wifes may get approved at the same time or even a few weeks later.

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  • mrdelhiite
    07-13 08:29 AM
    and marry a celebraty

    or work hard and support IV :)
    PS: good things come to those who wait


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  • Jaime
    02-02 12:47 AM

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:



    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)


    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???

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  • Mariarisoleary
    01-16 03:16 AM
    Please change this.I am new here so I cannot please change this......

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  • LostInGCProcess
    03-02 06:14 PM
    Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .

    i greatly appreciate your responses.

    Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.

    I am sorry, I don't know any attorneys that deal with civil cases like non-compete.


    07-20 11:26 AM
    Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.

    Nice suggestion, buddy :p

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    08-10 11:48 AM

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice


    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

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