Mentol Blog's

you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.

just wondering if anyone is in the same boat...

AILA Leadership Has Just Posted the Following:


Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)

Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

If you hear anything different from a legit source please do let me know.

Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?

In this case is it not their duty to send FP notice and reason for not approval delay?? Its really a crazy situation esp during one's PD current and visa's available before its U or retrogresses...:( Damn CIS..

Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.

Hi

rajiv gupta - ceo of rohm and haas
ramani ayer - ceo of hartford financial
deepak jain- dean of kellogg school
late s chandrasekharan - nobel laureate from u chicago
shantanu narayen - ceo of adobe systems

The immigration bill before the U.S. Senate just died, likely preventing any more action on the volatile issue until after the 2008 presidential elections.

Supporters of President Bush's plan to legalize millions of illegal immigrants and create a new guestworker program fell 14 votes short of the 60 needed in a test vote this morning. That vote would have limited debate on the bill and cleared the way for passage later this week, but senators voted 53-46 against that plan, killing the bill.

The vote was a huge setback for President Bush, who from the beginning of his presidency has sought to change the nation's immigration laws while beefing up border security.

Republican conservatives, including Texas' U.S. Sens. John Cornyn and Kay Bailey Hutchison, opposed the plan, calling it amnesty for people who broke the law by entering the country without proper documents

** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

Add many more, there are 101 ways to torture a non-immigrant.



** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)

Filed on 2nd July......

EB-2 (India)
I-140 approved on 2006

No receipt yet..... No activity other then LUD on I-140 on 08/05/07

I also got the magic email on Fri 15th May, 2008. I'd like to extend my sincere gratitude to all fellow members of this great community in guiding me through this tough journey. I wish all of you the best and will stick around to help other members out.

schedule a isn't available anymore since feb 2007.

Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?

You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).

with your efforts. I hope you don't get banned...

what makes u think that he would be banned for asking such questions - if IV is busy may be some senior members can answer.

I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients

I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.

I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."

Thank you.

UPS says Delivered at 7.30am on 7/2/07 signed for by Hindera..

Although I dont know what the point of this thread is... as someone said, please keep all tracking to one thread or ..

For some reason mine went the other way ,from Texas to Nebraska. It should have been in process at Texas but now Nebraska has retrogressed me about 5 months to March 10 2007 with my I-140 reeipt date of Aug. 16 2007. Can I complain about this? If so where?

Type : EB3
RD to TSC : Aug 16 th 2007
Concurent Filing : NO
Tranfered to NSC : April 7 th 2008
Last Update : April 15 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending

This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?

Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.

Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.

hi i have a question here:

suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.

As far as i know...if x's and y's PD's are current at some given time..then Y's file will be processed first because his RD is earlier and then X's file..its toatlly depends on PD (whose PD is current)..this is what i know..i may be worng..