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  • Blog Feeds
    06-19 01:20 PM
    AILA Leadership Has Just Posted the Following:

    As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (, in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."

    Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India ( The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.

    This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.

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  • waitingimmigrant
    11-09 11:05 PM
    hi friends,

    some time ago i contact my senator through this site

    and wrote to him about plight of workers in limbo for years
    if not decades ... following is response i recieved... request
    all those stuck in GC limbo to contact their senators...

    U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.

    Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.

    I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.

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  • crystal
    09-01 06:00 PM
    They will go to ur michigan address i guess.
    Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.

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  • archpai
    12-07 10:24 PM
    I took my 2.5 year old to the FP.
    The security officer did not ask anything about him.I was allowed to go with my son.There was no problem.


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  • lazycis
    01-28 08:59 AM
    If I paper file for my renewal, will there be a biometric appointment at an ASC?

    No, when you mail it, you send photos along with the application.

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  • Jaime
    09-12 01:55 PM
    Who do you know?


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  • cache22
    12-01 03:01 PM
    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.

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  • bijalrs
    06-24 10:20 AM
    Those who are trying to become a member of any state chapters, please post your requests here. Someone will get in touch with you.


    I am trying to become a member of Maryland State Chapter. I've already emailed my contact details to the owner of google-groups

    Please send me PM or contact me if you need to contact me again.




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  • itkris
    12-08 03:18 PM
    I would like to change my name from 'first middle last' to 'middle last' officially. I know that there is a lengthy process to do that on my passport. Is there any advice on how i can reflect that on my I-797? I currently hold a valid H1-B approval. The visa on my passport is for a previous H1 job that i've left now. I would like to change my name officially before making any more wrong stamps on my passport. Is this feasible? If so, can anyone throw some more lgiht on this?

    thanks in advance.

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  • sathish_gopalan
    10-18 12:47 PM
    Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.


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  • bbenhill
    06-09 04:19 PM
    Hi, Just make sure with your HR if the new company will grand fathered all the aggreement (esp your GC process). Same thing happened to me a year ago and I don't need to file anything.

    so for summary :
    a. Do I have to go through the entire GC process again with new company?
    >> no
    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)
    >>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
    d. Should I stay with my current employer?
    >> up to you .. only you can feel the situation post acquisition.

    btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.


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  • LostInGCProcess
    02-05 02:50 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.

    You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.


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  • monicasgupta
    05-22 09:10 AM
    I have soft LUDs since last 4 consecutive dates i.e, 05/18, 05/19, 05/20, 05/21.

    PD(EB2) - June 2006
    I-140 - Approved Nov 2008
    I-485(FD) - 01/08/2007

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  • anna20
    02-05 06:47 PM
    Thanks amitjoey .

    I140 is already approved Was just waiting for 180 days to finish . So in this time of recession waiting for employer to find a project(corp to corp) or should i accept the offer and wait till i get the EAD to start work .


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  • seahawks
    07-07 09:45 PM
    My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.

    well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year

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  • gcformeornot
    04-09 01:35 PM
    can be paid by employee....


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  • saimrathi
    03-08 02:47 PM
    My PD is Mar 2005, and a status check reveals that my application is "IN Process". When can I expect to clear Labor Certification? What is the current PD they are processing?:confused:

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  • desanar
    04-04 06:17 PM
    If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.

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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.

    Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

    Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

    BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

    Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

    Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (

    Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
    U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
    Attn: PWD Request:
    1341 G Street, NW
    Suite 201
    Washington, DC 20005-3142

    In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.

    More... (

    11-11 08:47 PM
    Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?

    Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.

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