crazyghoda
06-16 04:17 PM
I believe you would have to legally adopt her son and become his father. That may or may not be possible if his real father objects. The other option is for her to get her own independent H1/L1 visa and then have her son as her dependent.
wallpaper Rod Blagojevich forced President-elect Barack Obama to sit down with federal
Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
2011 Rod Blagojevich trial: Obama
Desertfox
07-28 03:44 PM
Probably the last action rule triggers in your case from Oct'08 and you will not be considered in L-1 status anymore. You should talk to an attorney I guess.
more...
QuickGreenCard
04-29 07:33 PM
all the responses. Does anyone know how to get my mom's I-94 back?
desitechie
06-03 06:17 PM
My current AP expires on 2 Aug 2009. I applied for renewal on 2 May and it was approved on the 20th. But the validity is only till 19 may 2010 and not 2 aug 2010.
I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?
Please advise.
Thanks
I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?
Please advise.
Thanks
more...
fromnaija
09-01 04:52 PM
1) can my spouses h1b get 7th year extension based on this?
no
2) if not, can my spouse move to h4?
yes
no
2) if not, can my spouse move to h4?
yes
2010 Governor Rod Blagojevich,
cdeneo
04-01 12:29 AM
Gap in employment and porting priority date:
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!
more...
GCBy3000
04-30 10:32 AM
04/29/2007: Need for Networking of Immigrants to Support Immigration Reform Legislation
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
hair Rod Blagojevich: “I#39;m Blacker
fcres
06-29 10:58 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
more...
snhn
03-12 04:57 PM
My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
hot lagojevich says f obama
MiniCooperS123
July 22nd, 2004, 03:19 PM
I own a couple of lenses for a canon camera and would like to get a Nikon D70. Something that would greatly encourage me to do so would be if I could use my current lenses with the D70. I have found some adapters but I have no clue which one I would need. One lens is a Canon EF 28-80mm and the other is a Sigma 100-300mm if that helps. Hopefully somebody here knows. The staff at camera shops usually never respond to my emails, unless I have bought something or I tell them i am going to buy something from them soon. :rolleyes:
more...
house Rod Blagojevich, argues during
h1b_slave
09-17 11:04 AM
Hi!
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
tattoo Rod Blagojevich
RadioactveChimp
05-02 09:26 PM
nice! actually that's pretty creative!
more...
pictures Rod Blagojevich is pictured.
Alien
03-17 04:50 PM
Yes you can but your H1 will be invalidated and you wont be able to work with your primary job legally ( I think).
dresses Rod Blagojevich#39;s attorney
LONGGCQUE
02-04 10:03 AM
It was something like this -
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
more...
makeup Obama Blagojevich,
pnjbindia
03-06 01:16 PM
Friends,
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
girlfriend for Rod Blagojevich:
sukhyani
10-04 12:55 PM
^^^^^bump^^^^^^
hairstyles makeup Rod Blagojevich
greencard_fever
08-08 01:01 PM
Folks,
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
dohko
01-11 08:16 PM
any thoughts?
adhantari
06-16 03:26 PM
6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
H1 loosers still hanging here.....
H1 loosers still hanging here.....
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