:rolleyes:Looks like Lou is Bi-Polar after all. Eventhough he got kicked out of CNN, he still thinks he is very popular. He does not get the difference between "famous" and "infamous".

Newsman Lou Dobbs mulls run for White House, Senate | Reuters

Any idea why they are taking petitioner detail while taking online apppointment..??

I have booked online earlier and don't remember anything of this type being provided before going for stamping.

Thanks...

My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.

The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.

I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.

My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.

What can i do?

Hi,

I would like to have an expert advice on the matter below:

I am working on AC21 under a company that is going to be bought over completely by another company at the end of March next year. The corporate attorney mentioned that effective 04/01/2010, my company will stop existing as a separate entity and all AC21 guys will need to re-file their AC21 with USCIS (of course, submitting AC21 is optional).

We are planning to visit India for a month or so (my wife might stay there for longer) in the beginning of March next year. We have a valid Advance Parole until 08/31/2010 to re-enter USA. We obtained this Advance Parole when I was still working with the employer who sponsored my I-140.

Some questions
-- Is it safe for us to come back to USA after March 2010?
-Or shall I first file AC21 with the new company and then, leave USA?

I am the primary applicant of our 485 application and my wife's 485 is dependent upon me.

Please let us know so we can plan our trip accordingly.

Many Thanks.

Admin: I posted the same message on Wednesday under "Ask a Lawyer" section but don't know how to delete thread from that section.

Just how bad is the backlog?

Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question “How long do I have to wait if I remain in my present classification?” The purpose of this article is to help applicants try and determine just how long that wait will be.

The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:


· There is an unknown number of pending AOS cases that have not yet been classified or reviewed.

· In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.

· There are additional cases in the pipeline, not accounted for by the available backlog information.

While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.

Let’s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.

The “Worldwide” chargeability area is “current” – meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.

Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.

Let’s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:



The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.

If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).

If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.

A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.

Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........

Amazing Invention by an IITian(Indian Institute of Technology, Bomabay).

If you have time go through the below video.

Pranav Mistry: The thrilling potential of 'SixthSense' technology-TV-Economic Times

Very amazing and awesome invention.

http://bits.blogs.nytimes.com/2009/1...our-cellphone/

.

H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of November 13, 2009, 55,600 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa under the general cap.

If you or your company need assistance in filing for an H-1B nonimmigrant visa, contact our office today at 1-800-447-0796.





More...

Until recently, travelers to the U.S. under the Visa Waiver Permanent Program have enjoyed seemingly hassle-free entry to the United States. If you hail from (or now hold citizenship in) one of 35 favored countries, the process is simple. Go online to a website, ESTA (Electronic System of Travel Authorization), answer a few questions, get a green light to proceed, purchase a round-trip ticket and hop on a plane with just your passport as your entry document. Sure you waive a host of procedural rights, but with the value of the dollar plummeting, the shopping bargains in the U.S. are...

More...

I usually use this space's real estate to criticize the tactics of the antis. But I'll give them some credit for the extremely effective job they did during the first two rounds of immigration reform earlier this decade. That was largely because of a well organized grass roots effort that left the pro-immigrant forces in the dust. The Reform Immigration For America coalition has sought to help the pros get caught up. And they are starting to show real muscle. Last night, an estimated 60,000 people participated in 1000 house parties across the country where they listened in to a...

More...

Immigration and Customs Enforcement Assistant Secretary John Morton announced today that the agency will inspect the I-9 records of approximately 1000 companies around the US, dwarfing the announcement in July that nearly 600 firms were being investigated. Only 500 firms were audited in 2008. This time the employers being targeted are firms involved with "critical infrastructure" projects. ICE also released some interesting data showing the impact of its new enforcement initiatives: Statistics since implementation of new ICE worksite enforcement strategy on April 30: 45 businesses and 47 individuals debarred; 0 businesses and 1 individual were debarred during same period in...

More...

Hello,
My Situation is that I am working with my Parent Company 'X' for the past 4 years at one of its client 'Y' and with my company 'X' , I am on H1B Valid untill 2011 and have EAD as well with them (I-140 approved in October 2007 and I-485 Pending ), now my client 'Y' is asking me to join them as its expensive through my parent company, so my questions are

1) Is its Possible to Join my client 'Y' on my H1B and not use my EAD

2) If i plan to transfer my H1B what happens of EAD and my gc application,will i have to transfer that as well or it doesnot matter

Has any one dealt with this law firm in Georgia? Please share your experiences.

Here the situation,
I am working for a consultant company based in StateA.
My current client location is based in the same county in StateAas well.

I have a approved I-140 and 3-year extension based on I-140. This H1 is valid till 2012.

My entire career has been based in the same county in StateA, hence H1s and I-140 were based on LCA or Labor for StateA.

My priority date is not current.

My client company is relocating from StateA to StateB.
I know i can still continue my contract with them when they move to StateB, but naturally my work-site location is going to change.

Do I need to file an amended LCA or iCERT?
Do I need to file another PERM application?
Should I wait to file amended LCA when I file for 485 or another extension, (hoping priority dates get current by 2012)?

I'd really appreciate your advise or answers

Société Générale has advised clients to be ready for a possible "global economic collapse" over the next two years, mapping a strategy of defensive investments to avoid wealth destruction.

Société Générale tells clients how to prepare for 'global collapse' - Telegraph

Hi All,

I and my wife are travelling to INDIA in the mid of December 2009.

My Questions are

1) We are planning to use AP while coming back to USA . Even though I use AP to re-enter USA, Can I still work on H1B (I work for the same employer who filed my GC) status after re-entering USA or do I have to switch to EAD?

2) And also Since I am planning to use AP while coming back to USA, do I have to switch to EAD even before going to INDIA, like in 1st week of December 2009?

Could you please advice to my above two questions!

Thanks a lot for your help

Regards

just got axed, 2nd time in 12 months, LOL...

really want to take a couple months off, just rest, relax and think about what to do with my life.

PD is at least one year away. but in 2007 fiasco, there were people in my situation but with PD just a couple days earlier got GC. US immigration system really has no certainty at all.

My question is how likely i could get RFE'd for employment in the next 3 months? if get RFE, any tactics to stall?

thank you for sharing your insights.

Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

Contact Houston Immigration Lawyer, Annie Banerjee for more details


More...

Hi,

I would like to have an expert advice on the matter below:

I am working on AC21 under a company that is going to be bought over completely by another company at the end of March next year. The corporate attorney mentioned that effective 04/01/2010, my company will stop existing as a separate entity and all AC21 guys will need to re-file their AC21 with USCIS (of course, submitting AC21 is optional).

We are planning to visit India for a month or so (my wife might stay there for longer) in the beginning of March next year. We have a valid Advance Parole until 08/31/2010 to re-enter USA. We obtained this Advance Parole when I was still working with the employer who sponsored my I-140.

Some questions
-- Is it safe for us to come back to USA after March 2010?
-Or shall I first file AC21 with the new company and then, leave USA?

I am the primary applicant of our 485 application and my wife's 485 is dependent upon me.

Please let us know so we can plan our trip accordingly.

Many Thanks.