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  • Blog Feeds
    12-31 06:11 AM
    Our current immigration system which forces parents to be separated from their children and husbands to be separated from their wives for years at a time is both cruel to immigrant families and unworthy of our country's proud heritage as a nation of immigrants. The immigration reform bill introduced by Representative Luis Gutierrez (D-IL.) and 90 co-sponsors on December 15 would improve the backlog-plagued family-based immigration system in a number of ways. We list some of the most significant changes below: 1) Immediate Relatives Would No Longer Be Subtracted from Preference Categories - Spouses, parents and children of U.S. citizens...

    More... (http://blogs.ilw.com/carlshusterman/2009/12/how-immigration-reform-bill-would-change-family-based-immigration.html)





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  • Blog Feeds
    03-27 11:30 AM
    Peri Software Solutions Inc., a New Jersey-based software company, has recently been cited by the Department of Labor for wage law violations in connection with 163 H-1B visa employees. The company is accused of not paying prevailing wages to its H-1B workers, most of whom are software and technology analysts. Under H-1B regulations, employers are required file a Labor Condition Application (LCA) as part of the H-1B petition for immigrant workers. By doing so, the employer agrees to pay the employee a wage equal to or greater than the prevailing wage specified in the LCA. This wage must be paid...

    More... (http://blogs.ilw.com/h1bvisablog/2010/03/alleged-h-1b-abuse-in-the-limelight.html)





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  • deecha
    01-26 11:25 AM
    Hi Gurus,

    I was wondering if anyone on this site has ever filed an EB2-NIW I-140 petition ? And if so, what fields have you filed it in ? Do you necessarily need a masters degree or would 10+ years of experience in systems development qualify ?

    I was also wondering if working in the health-care technology field, to create systems to diagnose and monitor cardiovascular systems to detect/prevent heart diseases would be something that could considered in the "national interest" ? If there is a job offer already extended to someone to work on such projects, would you still need a labor certification ?

    Thank you in advance for taking the time out to read this and reply.





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  • Blog Feeds
    04-21 10:00 AM
    And the purge continues... First Minutemen founder Chris Simcox goes after John McCain. From Politico: A co-founder of the anti-immigration Minutemen on Monday dismissed Sen. John McCain�s new, tougher immigration stance as 'shameful election-year politics.' The Arizona Republican, who�s seeking a fifth term this fall, is now supporting an Arizona bill that allows law enforcement officers to demand proof of citizenship � even if they just suspect illegal status � and detain suspects until the federal authorities can determine their citizenship. McCain�s move, announced Monday, is a dramatic shift right from his more moderate, comprehensive approach to most immigration issues....

    More... (http://blogs.ilw.com/gregsiskind/2010/04/extremists-attack-proimmigration-republicans.html)



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  • fromnaija
    08-04 12:48 PM
    If your wife is using the EAD obtained after you filed I-485, she is no longer on H4. Technically there is no reason for her to still be on H4 but if you want her to maintain H4 she may need to travel out of country and obtain a new H4 visa with your new approved H1.
    Also technically she was not out of status since you spplied I-485 before the previous H4 expired.





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  • anura
    04-19 08:10 AM
    Agreed.

    OED defines Visa as "An endorsement on a passport indicating that the holder is allowed to enter, leave or stay for a specified period of time in a country"

    By that definition I believe that a visa can be issue anywhere, inside and outside of the country.



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  • vk2082
    07-22 01:24 PM
    Hi,
    I was on H4 and had applied for H1B in 2008. After long processing and being pending for a long time it finally got approved in July 2009.

    My question is, does my H1B start from oct 2008 or oct 2009? Can someone reply me on this.

    Thanks





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  • vsandena
    07-22 01:37 AM
    Sending Personal checks do not matter. Most attornies collect the application fee from us and send their checks to USCIS. I sent my personal checks to DHS.



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  • theshiningsun
    02-12 07:20 PM
    thx aruben.





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  • r_joe
    02-08 09:48 PM
    I am applying for an H-1B extension. The prevailing wage determined by icert is less than my actual salary by about $30,000. Will there be a problem if my salary is much higher than the prevailing wage?



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  • eastindia
    05-07 02:48 PM
    I thought Paris Hilton is coming to lobby in DC with her Tinker Bell when I read this headline.





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  • inetuser
    01-14 11:35 AM
    bump



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  • vidyas_m
    01-30 07:59 PM
    I am currently in my 6th year of H1-B. I started working for my current company on H1-b work visa in June 2010. As my 6 year visa period expires in June 2011, I need to apply for a H1-b extension (based on I-140 approval) pretty soon. My employer had paid the $1500 ACWIA fee recently i.e. 8 months ago, when they filed for my H1-b the first time. Next month, when they apply for an extension of my H1, do they have to pay the $1500 ACWIA fee again?

    In I-129 instructions, it specifies that one of the exemptions for paying the ACWIA fee is "second or subsequent extension...". Would my case be considered a subsequent or second extension?

    I would greatly appreciate your response.

    Thanks much.





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  • anilsal
    03-03 03:01 AM
    Work at IL State Chapter is going on. Mainly visit the lawmaker(s) via their staff / case workers on immigration.
    For anyone interested in the IL State Chapter, you will have to PM me.



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  • The_Smiths
    01-15 11:17 AM
    Hello,

    I obtained an EAD using my OPT just to be able to work in the U.S. while my fiancee completes her degree (I graduated in December 06 and she will do so in May 07). Since we will get married after she graduates, and will file for adjustment of status, we thought there would be no problem in my ability to work without any interruption.

    However, it seems that filing for adjustment of status invalidates your OPT, therefore you wouldn't be able to continue working until you get your new EAD.

    Does that mean I would have to stop working for 90 days or so after I get married? (Remember I'm on an F-1 as I think you can keep working if on an H-1B)

    If so, is there any way to minimize this problem?

    Thanks.





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  • chriskalani
    11-09 01:09 AM
    I don't think anyone ever even gets jobs from posting here....



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  • morchu
    05-01 08:48 AM
    Please be aware that W2s at 140 stage are mainly asked to judge the "ability to pay" of the employer. There can be other reasons too.
    Hello Guys

    I recently received an RFE - I 140 and USCIS is asking for all the W-2's from 2004 - till date as i came to U.S.A in November 2004. I got my SSN in Jan ' 2005 and i have all the W-2's from 2005. I am currently unable to understand what to do in this situation. Did anyone had the same problem like me. Please shed your thoughts on this. :confused: :mad:





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  • sayonara
    09-21 06:10 PM
    If you search the forums, you will find this has been the latest trend , I think for most folks who live and work in CA. Not sure about maintaining the receipt date, I had the same question, but I think the answer is not well known.

    Hope that helps !





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  • Templarian
    09-21 01:10 PM
    :beam:





    bank_king2003
    01-22 12:45 PM
    Dear Attorney,

    i would like to join a very good opportunity on EAD but have one concern shown below.

    "a person has a valid ead/ap and he is gone outside the country for some work purpose and uscis denies his 485 in an illegal way like for eg: (denying AOS applications that have been pending more than 180 days when an employer revokes an I-140). how will he enter USA then ??
    can he file MTR when he is outside the US with the help of a lawyer ?"

    Your advice will help me alot and would be really appreciated!!!!

    Thanks,





    malibuguy007
    09-11 05:14 PM
    Anyone?



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