Thursday, June 30, 2011

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  • sparky_jones
    06-02 10:27 AM
    My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.

    I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.

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  • probe
    09-04 02:25 PM
    Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
    A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.

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  • smmakani
    05-01 09:46 AM
    I don't think rally is a the better way to put forward our issues. I would prefer to do this using media interviews that what we are doing.

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  • Blog Feeds
    05-05 06:50 AM
    The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.

    This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.

    Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.

    If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.

    Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.

    Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.

    More... (


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  • reachinus
    08-14 01:26 PM
    You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.

    If my answer is of help to you please consider contributing to IV so that we can continue our service.

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  • cagedcactus
    12-19 02:10 PM
    Thank you for contacting me about the issue of immigration. I appreciate you sharing your views with me.

    As you know, the United States Senate passed legislation earlier this year in response to the serious problems with our nation's immigration system. Debate on the comprehensive legislation dealt with a broad range of issues including our national security, border enforcement, guest worker programs, and the issue of immigrant workers in agriculture, seasonal jobs, and high-skilled positions. Our immigration system is broken, and I am well aware of the urgent need for reform and the impact on those trying to navigate this complicated bureaucracy. This legislation is now before the House of Representatives.

    We need an effective immigration system that works for businesses and communities and that protects the basic rights of immigrants who are such an important part of our state economy and quality of life. In the end, I did not support this legislation because it failed to strike the proper balance between security, fairness and preserving Michigan jobs.

    Thank you for contacting my office. I will keep your strong views in mind if the Senate considers this issue again. Please continue to keep me informed about issues that are important to you and your family.


    Debbie Stabenow

    United States Senator

    Above is what I received today in my mail.
    I dont know what to do now. It seems that all our efforts are worthless. It seems that regardsless of what we do, the Senators have made up their minds about this bills. I think that anti immigration forces are way too stronger for us to tackle.......
    I personally dont see any relief........


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  • Leo07
    06-08 08:12 PM
    Hello There,

    The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)

    I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.

    In this scenario:
    a. Do I have to go through the entire GC process again with new company?
    b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
    c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
    d. Should I stay with my current employer?

    Please all your suggestions are welcome.

    Best Regards,

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  • gcformeornot
    07-25 03:16 PM
    This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
    how to modify poll to add option.


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  • vphope
    03-11 05:51 PM
    :D bit late
    Mourning is also over..

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  • Waitingnvain
    10-23 05:15 PM
    Hi Folks:

    Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?



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  • looneytunezez
    11-02 12:19 PM
    Thanks...but i agree with your paralegal friend.......there is no logic to it all.
    logic and law are not usually on "friendly" terms....
    i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.

    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..

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  • acecupid
    06-12 04:30 PM
    Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

    I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

    The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

    My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

    Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)

    Didnt you ask your desi company how they will help in GC process if you join full time ?


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  • suavesandeep
    10-02 02:00 PM

    We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.

    Hope this helps.

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  • bfadlia
    05-15 03:48 PM
    Hi Guys,
    I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?

    Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums

    The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
    If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..


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  • Munna Bhai
    01-25 08:08 AM

    What one should do to work in projects which needs security clearance.Is there any way out for H1bs?


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  • mchundi
    09-12 04:20 PM
    nkavjs, I am with you brother.

    so am i. called the USCIS custoner service rep. she asked me to call back in the last week of sep.


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  • mpadapa
    09-25 09:52 AM
    I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..

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  • rama0083
    10-08 04:21 PM

    Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?

    Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?

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  • Bilal Ahmed
    06-19 03:55 AM
    congrats dev..

    what was your recepit date by the way ?

    07-29 02:44 PM
    Is it right?I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?

    08-16 12:39 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    My friend did not face any issues at POE .

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