Saturday, July 2, 2011

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  • mchhokar
    05-15 03:20 PM
    All above dates are 2009. My L1 B (Individual) expired in February. So I am already around 3 months over my L1 status.

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  • cnachu2
    11-15 10:21 AM
    but if i wait until my PD is current, then i contact congressmen, by the time they act on it, pd may go out of current. So just looking to get it out of this loop before my pd is current, so that my file will be ready to process.

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  • desi3933
    04-02 07:43 AM
    without making the current company pay more to make up the #s
    (they are not willing to do so)


    H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.

    Not a legal advice.

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    03-27 12:18 PM
    Any comments?


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  • gc_check
    11-26 06:47 PM
    Yes, the number will be the same.
    Just want to confirm if both needs to be surrendered

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  • bushman06
    11-10 08:43 AM
    It does not look good. Has been oral arguments for some time now.

    Update - �国三类职业移民法律信托基金 (


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  • singam
    04-08 06:27 PM
    This is at the least that the DOL and DOS should allow.
    BECs are a joke.

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  • kannan2010
    11-13 02:06 PM
    Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.

    After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani


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  • amitjoey
    05-23 06:41 PM
    Please also webfax to your PA Senators.

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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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  • sunnyg
    02-17 12:47 PM
    Hopefully you should hear soon... My H-1 extension got approved with in 15 days (normal processing) in last month.

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  • Hello_Hello
    10-29 09:13 AM
    Your total withholding is $1400 or your difference with using 3 allowance or 6 allowance is $1400. Assuming you are talking about total. Your difference should be 300-400 a month. I am not justifying your companies attitude nor I am asking you to not take any action. But all I am telling you is it's not a big deal..personally I feel better when I get a chunk of money in Tax refund. But for that I have to wait one full year and deductions are $1400 more per month.


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  • lonedesi
    06-02 04:02 PM
    Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.

    CIS Ombudsman - Send Your Recommendations
    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

    Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

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  • sku
    12-25 03:19 PM
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?


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  • thomachan72
    07-08 10:27 AM
    We dont need to worry about legality of such posts because there are many review sites for all sorts of professionals online.

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  • kalia
    07-10 10:51 AM
    The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit, as previously mentioned on MurthyDotCom.

    AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.

    For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.

    1. Questionnaire for Potential Plaintiffs
    2. Retainer Agreement with AILF
    3. FAQs on the Visa Bulletin Availability

    Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.

    At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.

    Who is Covered by this Potential Class Action Lawsuit?

    1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.

    2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.

    See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.

    Those who are interested please click
    and follow the direction.



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  • kumar1305
    02-15 06:31 AM
    You can take $5k each in cash. And unlimited if it is Travellers checks.ON Travellers checks you are going to pay commission and crap. I do not personally recommend it. I do not know how it is working now adays. You can check on department of homeland or customs website to find exact amount that you can take as cash. And do not take more than what is recommended.

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  • jthomas
    05-04 10:16 PM
    Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
    Plz reply me soon

    If you were on H1B
    1. the employer has to provide you one way return ticket to your actual destination. this is the law.

    If this can be done,
    1. Tell your employer to give you one month vacation and keep you on the payroll. In that case, you can start applying for a job and if you get a job you should be saved. You would have to call employers rather than depending on rectruiters
    2. If possible change to F1 visa,
    3. Promptly apply for canadian immigration and move to canada, since you were in US in H1B there are high chances you would get a canadian PR within 6-8 months.
    4. At least complete the FBI clearance when you are at US to apply for canadian PR.
    5. Check for other oppurnities.

    1. Describe your skillset and the nature of work. Maybe someone from IV would help you.
    2. Ask for help if you need something. Most of the IV members i got in touch are really helpful. In turn i have helped few of them.

    J Thomas

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  • milmuk
    08-24 09:25 PM
    This is a contract position to work in canada.This is normally through couple of vendors.

    My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.

    12-09 08:30 PM
    My situation:
    1. My six year limit on my H-1B expires Jan 2008
    2. My Priority Date is Jan 06 under EB3 category
    3. My I-140 was approved on Sep 06
    4. Currently waiting on my Priority Date to become current so that I-485 can be applied.

    What are my options as far as changing employers? Do I have any options?

    03-26 06:11 AM
    Hi Mikoo,
    Thanks for your support on this. Please do not wait for people to meet the law makers. Go ahead and schedule your appointments and if no one responds, please go alone.


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