Monday, June 27, 2011

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  • martinvisalaw
    03-22 07:17 PM
    (1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

    (2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

    (3) Re-file a new 140 petition?

    Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.

    If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.

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  • curiosity_76
    12-29 04:26 PM
    Let's do something together, and let the government aware of our problem.
    Let's get more and more people in and make our voice heard!

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  • ilikekilo
    05-27 12:22 PM
    When did they say they have repealed AC21? Is this true?

    Regarding (6) above, it is not 10K, more like 5K.


    Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed

    The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
    ``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
    ``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
    Initially it was proposed to charge $10,000!!!

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  • ca_immigrant
    01-20 07:43 PM
    anyone on this ?

    I too have to go in June....

    in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...

    Thanks to OP for posting this !


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  • priti8888
    12-20 07:57 PM
    Posted by 3 hours ago

    "Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."

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  • pappu
    05-11 01:16 PM
    thanks, it worked.


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  • rajeshbillabong
    09-24 09:08 PM
    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.

    OK ... what is your solution ?

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  • Beemar
    12-08 09:38 PM
    Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.

    I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.

    Needless to say, this whole dot mongering is seriously flawed and needs rethinking.


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  • imm_pro
    05-20 01:13 PM

    looks like the Agjobs amendment tagged to this bill is drawing lot of attention and negative publicity..

    This is why we keep close watch on Congress. In a bipartisan effort accomplished quickly and virtually under the table, Sens. Diane Feinstein (D-Calif.) and Sen. Larry Craig (R-Idaho) -- in Senate Appropriations markup of the War Supplemental bill -- obtained approval of an amendment that would create an amnesty for illegal alien farm workers. The measure, called the Emergency Agriculture Relief Act, was added to the War Supplemental bill in a 17-12 vote last Thursday.

    Known as the AgJob amendment, the Feinstein-Craig measure revived instantaneously the controversy that caused conservatives to lash out at the White House and Congress last summer.

    The measure would grant temporary legal status to 1.35 million illegal immigrants and their families currently working in the agricultural field. The legislation was passed out of committee at the request of agribusiness interests who have been insisting that they need illegal aliens to harvest crops and run horse shows. The legislation is nothing less than �comprehensive immigration reform� on a smaller scale.

    What supporters of the amendment are calling �emergency� and �temporary�, opponents have labeled an �amnesty visa.� Sen. Robert Byrd (D-WV) said he considered the amendment amnesty and that �all these immigration issues should be addressed through the regular order."
    Sen. David Vitter (R-La.) opposes the amendment and said he will be working to remove it from the supplemental bill.

    �Instead of ensuring that American troops are provided with the tools and resources that they need to protect our homeland, some in the Senate have instead chosen to jeopardize this funding by inserting provisions that are -- at best -- counterproductive to the efforts of our military members,� said Vitter in a press release.

    According to Feinstein, the legislation is supported by the American Farm Bureau, the United Farm Workers, and other similar organizations but this is likely because it allows those employers to continue paying excessively low wages.

    Feinstein assured the Appropriations Committee that the bill was not an amnesty because it requires the individuals work at least 100 days a year in the agricultural industry for the next five years.

    �It is an emergency agricultural worker bill, which will give protected status to those workers who have worked in agriculture within the last 48 months,� she said, also noting that the U.S. would lose $5-9 billion to foreign competition without it.

    Those are the same arguments that we heard last summer. In truth, Feinstein-Craig DOES provide amnesty for an unknown number of illegal workers. It provides, as the Bush-McCain-Kennedy bill did, a path to citizenship for some illegal aliens.

    The amendment will go through the Senate this week as they consider the Iraq spending bill as a whole. At this writing, it isn�t clear that Senate Majority Leader Harry Reid (D-Nev.) will bring the measure to the floor for a vote.

    NumbersUSA, an organization fighting illegal immigration, called the amendment �outrageous� and urged constituents to contact their political leaders. They noted that because families can also obtain temporary legal status through the amendment, it could reach almost 3 million people.

    �The most important point to stress is that there is no need for an amnesty to provide growers with workers�there already is an H-2A foreign agricultural worker program that provides growers with an unlimited number of temporary workers if the growers agree to pay a decent wage and ensure that they go home at the end of the season,� said NumbersUSA news release.

    Some farming organizations, like the Northwest Growers Association, not only support the measure but don�t think it does enough. They claim the AgJobs amendment doesn�t do enough for illegal aliens because it includes an �unrealistic visa cap.�

    But the H-2A visa program exists and works without a cap. While Craig and others claim �oranges are rotting� on trees and needs illegal aliens to tend to our agriculture, places like the North Carolina Grower�s Association (NCGA, spotlighted on Michelle Malkin�s blog), oppose the amendment and have fared well with H-2A. NCGA utilizes H-2A to its fullest capacity as other agricultural organizations do not.

    Additionally, AgJobs would maximize H-2B visas (lower skill, non-agricultural seasonal workers) and push an influx of more illegal immigrants, which clashes with what the American people want. They demonstrated their disapproval of amnesty proposals last year by a bipartisan grassroots effort to kill the immigration reform bill of 2007.

    Sen. Barbara Mikulski (D-Md) also slipped in an amendment supporting illegal immigrants in the supplemental bill. Mikulski hopes to extend a program for temporary workers to re-enter the country without being subject to the limits on H2B visas. In a Congress Daily article, she said, "If you like Maryland crabs, vote for this amendment.�

    "It seems that the members of the Senate Appropriations Committee love our troops�but for entirely different reasons: they provide convenient cover for passing special interest legislation to benefit illegal aliens and powerful business lobbies," wrote Ira Mehlman, Media Director of the Federation for American Immigration Reform (FAIR) in an opinion piece yesterday.

    Mehlman also reported that Sen. Patty Murray (D-Wa.) added a provision that would include 218,000 visas for skilled foreign workers. Part of the problem is this: Right now, America�s population is 300 million. At the rate we are going with illegal immigrants (sped up by amendments like these), the US Census Bureau estimates the population will be 450 million by 2050. If a Democrat, entitlement-oriented government sinks its teeth in, taxes will be higher than ever and freedom will be in jeopardy.

    The Senate will begin debate on the supplemental bill tomorrow and is likely to vote on it before the end of the week. Some Republican senators -- including Alabama�s Jeff Sessions and others -- are working hard to expunge the illegal alien amnesty provisions. The only thing that may save the day is that the Democrats are including many of the antiwar measures that the president has vetoed in previous bills. If the bill passes, it�s likely to be vetoed.

    And Congress will be back to ground zero after Memorial Day.

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  • Gundark
    08-26 11:40 AM
    Thanks guys! It was fun making somebody else's idea, I never would have thought of making a Sonic smiley.

    We need more suggestions!


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  • Sage_of_Fire
    01-02 04:10 PM
    So, do we have to code everything that goes into our projects? I mean, are we allowed to use particle engines (like Flint ( or physics engines (like APE ( I'm just curious; I don't really intend to use on of those.

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  • Hey Ram GC
    04-08 10:11 AM
    GCcube: How did you come to know that your NC / SC is cleared?
    Did you call IO
    ( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not


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  • whiteStallion
    10-17 11:52 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?

    If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.

    If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.

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  • harsh
    12-15 02:27 PM
    NO the officer did not do the right thing. The officer should have put the expiry date of your 797 instead of your visa stamp as the right expiry date is the 797 date in your case. You should try to contact the concerned airport's CBP office and ask them to change it. Since this I-94 was issued later after the I-797 there is a chance that USCIS might hold a position that the your new I-94 is your correct I-94. So you should try to get your I-94 corrected as soon as possible.


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  • shreekhand
    07-04 10:47 PM
    Look at the May VB, it was current, obviously;)

    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?

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  • NIW
    08-30 05:33 PM
    We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

    P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.


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  • rahulpaper
    01-01 12:13 AM
    I got FP notices today (NSC>CSC>NSC). No SR opened.

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    04-29 07:25 PM
    my H1B transfer petition still in query.

    Is there any way to apply through some other company ?

    What will be my status now ?

    Pls kindly advise me .

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  • GCNirvana007
    10-08 04:46 PM
    If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.

    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.

    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.

    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card ( If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.

    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.

    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.

    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link ( regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.

    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (

    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

    More... (

    08-15 11:54 AM
    we can ask support from

    let us register with USINPAC from here

    another wikipedia which has lot of info on Indian Americans!!
    check Politics section on this page

    another interesting item ..

    Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).

    IV is already working with USINPAC. if you know of any other indian orgs, pls contact them for support as an IV member.

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