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  • martinvisalaw
    07-16 05:59 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R

    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.





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  • loveiv
    05-25 10:23 PM
    Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
    According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
    USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
    Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
    applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
    Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

    Source: www.immigration-law.com

    Three years clock ticks from the day filed, one year is down, two to go.





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  • NewDocinUS
    02-05 01:52 PM
    I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.

    Thanks





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  • pragir
    12-11 01:57 PM
    Mohit, when you invoke AC21 your job profile needs to be same as that listed on the job description on your LC. As long as your new company is willing to declare that your new job profile matches the one on your LC, you should be ok.

    I am not a lawyer, please consult one.



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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.





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  • rb_248
    10-16 08:05 PM
    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.



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  • Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


    Ann





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  • dummgelauft
    05-15 09:45 AM
    Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
    Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...



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  • logiclife
    01-30 12:16 PM
    we can have an org slogan below the logo that says

    "High-skills employees for legal immigration".

    OR

    "Legal High-skills employees for immigration reform".

    something like that. All orgs have slogan. Compete America(www.competeamerica.org) has a slogan "American employers for legal immigration".





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  • Ramba
    10-17 05:28 PM
    Hi,

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?

    Thanks,

    In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.



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  • chanduv23
    07-11 05:08 PM
    We can use this text, but it is better to use AILA links or contact list we have in IV





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  • camilopino
    01-08 04:33 PM
    Yep, it is current.

    Would it be reasonable to expect te green card to be approved about three months after biometrics, or is there no relationship at all?



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  • Widget
    06-05 11:33 AM
    Take my word, your case will be approved soon. I had the same wording when my I-140 application was transferred fro CSC to TSC and I received the approval notice in one month. Relax.

    My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.





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  • ronnie0479
    07-10 06:24 PM
    On June 9th, CIS provided the required data to VO. ????

    I think what he meant was July Visa bulletin was based on the data DOS had before CIS provides more data to DOS on June 9. if you see the July Bulletin was posted on June 8th , till that time DOS didn't has the info about spill over. Even i think the Dates might move further if not many years, i think it will at least move a bit more.



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  • minimalist
    10-08 01:37 PM
    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.





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  • jcrajput
    06-18 02:58 PM
    We are planning to visit India in the month of November. We are looking to stamp our passport with H1B/H4 visas at Mumbai. How we can select appointment dates for the week of November 9 to November 13.
    I have tried to look at VFS website (https://www.vfs-usa.co.in) but not showing any dates after month of July...
    Can anyone please help me?

    Also, we are looking to stamp our passport the next day when we arrive in Mumbai. Do anyone know the good hotel near by embassy to stay?

    I really appriciate your help.

    Thank you.



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  • gauravsh
    04-28 08:57 AM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)





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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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  • rogerdepena
    07-17 11:45 PM
    haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...

    there is an online petition happening here..

    after we have seen what can be achieved, I don't think so it will be really tough to make it clear..

    I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.





    nyte_crawler
    03-06 02:28 PM
    yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
    (1700 days)





    ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.



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