Saturday, June 11, 2011

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  • bob2007
    07-25 11:34 AM
    Any body experience filing un signed Labor Substitution?

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  • indio0617
    02-08 09:29 AM
    Yes. Travelling through Europe has become a big hassle these days. Avoid the London route. It is the worst. I have travelled via Frankfurt (Lufthansa) several times. But Lufthansa is getting troublesome too these days.

    The South Asian route via Singapore is the best. SIA In- flight service is excellent and you will notice a marked difference in their "attitudes". I have heard about China Airlines too. You might want to check that out as well.

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    04-28 12:47 PM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)

    I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?

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  • WeShallOvercome
    11-05 12:59 PM
    All of you who could not apply for your spouses for any reason and now facing retrogression:

    Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.


    Your PD = May 2005 EB2

    July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.

    You have about 15 days to prepare your spouse's application and also get his/her medicals done.

    Send it out on June 30th to be delivered on early morning July 1st 2008.

    This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.

    If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....

    I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..



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  • loudoggs
    07-31 07:34 PM
    Good for you...the tracking number and print out should work...

    My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.

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  • srikondoji
    07-02 03:04 PM
    follow your lawyer's advice.
    You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.

    Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???

    Pls advice,



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  • ameryki
    08-30 11:03 PM
    There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks

    my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.

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  • andy garcia
    04-08 01:55 PM
    US Legal Permanent Residents 2007 (

    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.


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  • vaishnavilakshmi
    07-25 01:00 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.


    I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.

    Hope u got this now,

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  • qualified_trash
    06-09 10:34 AM
    I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

    The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

    I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

    I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."


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  • yabadaba
    06-25 06:40 AM

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  • newbie2020
    09-27 10:57 AM
    thats a good idea, Instead of starting at 200K raffle, Start small may be 10K raffle or 20K raffle, that would be a good start.


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  • beautifulMind
    08-24 12:40 PM
    Fragomen Client Alert (08/06/09) - USCIS Expands Employer Site Visit Program (

    August 6, 2009

    USCIS Expands Employer Site Visit Program __________________________________________________ _______

    Executive Summary

    U.S. Citizenship and Immigration Services (USCIS) is expanding its unannounced visits to the worksites of employers that sponsor foreign workers. USCIS uses site visits to verify the information in an immigration petition submitted by the employer and to make sure that sponsored workers are complying with the terms of their admission to the United States.

    U.S. Citizenship and Immigration Services (USCIS) is expanding its site visits to employers that sponsor foreign workers. The site visits, which are conducted by USCIS's Fraud Detection and National Security (FDNS) unit, are usually conducted without notice. They are used to verify the existence of the employer, the information the employer has provided in immigration petitions, and whether sponsored foreign nationals are working in compliance with the terms of their admission to the United States. If your company is contacted by an FDNS officer, you should call your designated Fragomen professional immediately to discuss options, including the possibility of having counsel present during a site visit.

    Though the FDNS unit has conducted employer site visits for several years, it has recently begun to add more staff and broaden its investigative efforts. In the past, site visits usually pertained to already-approved immigration petitions. However, under the expanded program, the agency is more frequently using site visits to verify information in petitions that are pending with USCIS. USCIS could use information obtained during a site visit to decide whether or not to approve a petition. In submitting petitions for immigration benefits, employers subject themselves to reasonable inquiries from the government. Therefore, it is crucial that employers make efforts to cooperate with FDNS officers. A failure to cooperate could jeopardize an employer's pending petitions and its ability to participate in U.S.
    immigration programs.

    Typically, an FDNS officer will make an unannounced appearance at the petitioning employer's worksite, though occasionally an officer may call the company in advance to notify it of an impending visit. During the site visit, the officer may ask to speak to an employer representative, such as a human resources manager, and may also ask to meet with a sponsored foreign worker. Usually, the officer will have a copy of a specific immigration petition and will seek interviews to verify the information in the petition.

    During site visits, FDNS officers typically work from a standard list of questions. Officers commonly ask about the employer's business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national's position, job duties and salary; and the foreign national's qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. The officer may also ask about the employer's overall use of specific immigration programs. In addition to conducting interviews, the FDNS officer may ask to tour the employer's premises or examine the foreign national's work area, and may also request payroll records and other documentation pertaining to the foreign national's employment.

    Fragomen is closely monitoring the FDNS site visit program and will issue additional information as we discern investigation trends. If you have any questions about this alert, please contact the Fragomen professional with whom you usually work.

    Copyright 2009 by Fragomen, Del Rey, Bernsen & Loewy, LLP

    Fragomen Immigration Alerts

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  • jatinr
    06-02 11:36 AM
    Since you have applied change of status, you are on pending H1B and not out of status. But if your H1B is approved before your L1B expires and has effective date of 1st October, you will be out of status for those 15 days.

    I don't think it will matter as you are allowed to come in US 10 days prior to Oct 1st if you are coming on fresh H1B, although you can work only from Oct 1st.

    So even if you don't file an extension it will be fine, although your last working days with L1B company will be Sept 15th.


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  • meridiani.planum
    12-19 12:45 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.

    seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
    1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.

    2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.

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  • JunRN
    12-27 08:12 AM
    Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.


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  • atul555
    03-25 05:40 PM
    Yes, very good question. Everyone vote for this question.

    Good question.. I asked similar one.
    "Mr. President,
    I am patiently waiting for my employment based LEGAL green card to get processed for over 6 years and looking at 3-5 years more, putting on hold my plans to buy home, be an entrepreneur. I expect to wait but can it be reasonable? "
    I voted for other questions for legal immigration.

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  • B+ve
    05-15 01:19 PM
    I would like to clarify one thing....

    Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
    I mean, people are doing these certifications even with out a job or while on bench....

    I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.

    Correct me if I am wrong.....

    - B+ve

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  • sportsguy131
    07-31 02:28 PM
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.

    12-13 01:59 AM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

    Thanks franklin,

    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...

    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..

    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.

    04-08 02:37 PM
    What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.

    US Legal Permanent Residents 2007 (

    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.

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