GoneSouth
11-12 04:57 AM
Hi Folks,
Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).
My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.
Any help would be greatly appreciated !
- GS
Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).
My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.
Any help would be greatly appreciated !
- GS
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TomPlate
07-11 02:38 PM
Somebody please start this. So that we can raise the concern to USCIS someway. Dont make it go away I need volunteers to start this thread. I am going to close the thread if no one is willing to give their thought.
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dacooldude
03-11 12:04 PM
Has anyone who has has travelled on AP lately surrendered there H1 extension I-94 along with there I94 that is with your passport.we do not plan to get our passports stamped. pls advice as my wife is travelling this weekend. Thanks in advance
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manand24
08-03 02:57 PM
Did you guys talk about this already ? I apologize if this has been analyzed already...
Murthy.com issues a Oct visa bulletin prediction based on information from DOS
http://murthy.com/news/n_oct07vb.html
Old information!
Murthy.com issues a Oct visa bulletin prediction based on information from DOS
http://murthy.com/news/n_oct07vb.html
Old information!
more...
atlgc
09-15 02:01 PM
how real or possible in getting visitor visa for my brother .
he is under 30 and working in a non -it field and he is married but spouse doesn't work but studied M.tech in CS(just completed)they want to visit us for a month.myself and spouse both are h1-b and 485 applied. and he will be going to chennai consulate in india.
he is under 30 and working in a non -it field and he is married but spouse doesn't work but studied M.tech in CS(just completed)they want to visit us for a month.myself and spouse both are h1-b and 485 applied. and he will be going to chennai consulate in india.
Blog Feeds
05-25 01:30 PM
President Barack Obama will gather congressional leaders at the White House next month to launch a policy discussion on immigration, according to an administration official, but legislative action isn't likely until next year at the earliest. he June 8 meeting is meant to show the White House is moving on the issue -- which is key for Hispanic advocacy groups that helped Mr. Obama get elected in November.
Mr. Obama has embraced the general concept of creating a program to provide a path to citizenship for illegal immigrants already in the U.S., while continuing to tighten the border with Mexico.
Read more (http://online.wsj.com/article/SB124286885555741791.html)
More... (http://www.visalawyerblog.com/2009/05/obama_and_lawmakers_to_meet_on.html)
Mr. Obama has embraced the general concept of creating a program to provide a path to citizenship for illegal immigrants already in the U.S., while continuing to tighten the border with Mexico.
Read more (http://online.wsj.com/article/SB124286885555741791.html)
More... (http://www.visalawyerblog.com/2009/05/obama_and_lawmakers_to_meet_on.html)
more...
rioSam
06-21 10:51 PM
Hi All,
My wife is on H1 since Oct 2009. No paystubs. Now she want to come back on H4. Her H4 stamping expired. I have my H1 renewed in Oct 2009 and need stamping.
What are the best and low risk options to convert to H4 status. Please advice
Thanks
My wife is on H1 since Oct 2009. No paystubs. Now she want to come back on H4. Her H4 stamping expired. I have my H1 renewed in Oct 2009 and need stamping.
What are the best and low risk options to convert to H4 status. Please advice
Thanks
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skd
12-28 02:29 PM
Just wanted to know how many work as fulltime /consultant and plan to use AC21.
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Blog Feeds
06-09 11:50 PM
The other team competing in this year's Stanley Cup (which will end on Friday) is the great Detroit Red Wings organization. And they've got a mostly immigrant roster as well including these players: Daniel Cleary - Canada Pavel Datsyuk - Russia Aaron Downey - Canada Kris Draper - Sweden Jonathan Ericsson - Finland iValtteri Filppula - Finland Johan Franzen - Sweden Darren Helm - Sweden Tomas Holmstrom - Sweden Marian Hossa � Czech Republic Jiri Hudler - Czech Republic Jakub Kindl � Czech Republic Tomas Kopecky - Sweden Niklas Kronwall - Sweden
More... (http://blogs.ilw.com/gregsiskind/2009/06/immigrants-of-the-day-immigrants-on-the-detroit-red-wings.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/immigrants-of-the-day-immigrants-on-the-detroit-red-wings.html)
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ravi09
05-12 01:52 PM
Hello Folks,
My H1b is 2 and half years old. I transferred it once, i.e in 2007
My brother has got GC a year ago and started his own company. I am planning to transfer it to him.
I have these following questions.
1. What is the risk on transferring my H1 to a new/small company in this recession period, and the employee strength is just one (my brother).
2. Is it ok to transfer more than one time in short period(i.e in 2 years span)?
3. Also, is it acceptable to stay outside US for couple of months on H1 status with out payroll? Will that be a problem at POE when i return to US?
4) Right now i am out of the project (on bench), so will that be any risk of my H1 transfer getting denied ?
Please help!
Best Regards,
Ravi
My H1b is 2 and half years old. I transferred it once, i.e in 2007
My brother has got GC a year ago and started his own company. I am planning to transfer it to him.
I have these following questions.
1. What is the risk on transferring my H1 to a new/small company in this recession period, and the employee strength is just one (my brother).
2. Is it ok to transfer more than one time in short period(i.e in 2 years span)?
3. Also, is it acceptable to stay outside US for couple of months on H1 status with out payroll? Will that be a problem at POE when i return to US?
4) Right now i am out of the project (on bench), so will that be any risk of my H1 transfer getting denied ?
Please help!
Best Regards,
Ravi
more...
Dhundhun
07-12 01:02 PM
I will be filing my EAD renewal end of this month at NSC.
Is e-filing faster than paper filing? Any suggestions?
Also, my PD will become current from August.
No. This requires fingerprinting. Based on varios posts, it seems to be taking approximately 3 weeks more.
Is e-filing faster than paper filing? Any suggestions?
Also, my PD will become current from August.
No. This requires fingerprinting. Based on varios posts, it seems to be taking approximately 3 weeks more.
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pappu
11-16 09:27 AM
Hello,
Good article to read
http://news.yahoo.com/s/ap/20061115/ap_on_bi_ge/venture_capital_immigrants_1
-M
already discussed yesterday in news article thread. thanks for pointing it out.
Good article to read
http://news.yahoo.com/s/ap/20061115/ap_on_bi_ge/venture_capital_immigrants_1
-M
already discussed yesterday in news article thread. thanks for pointing it out.
more...
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go_guy123
03-07 08:07 PM
The Los Angeles Times reports that the President is pushing Senators Schumer and Graham to get their immigration proposal introduced. But many are skeptical the White House is serious.
More... (http://blogs.ilw.com/gregsiskind/2010/03/lip-service.html)
First try get healthcare done. If Obama cant even get the healthcare done, it even harder for him to do a CIR. His opponent gets the message that Obama and the democratic party is weak and insecure.
More... (http://blogs.ilw.com/gregsiskind/2010/03/lip-service.html)
First try get healthcare done. If Obama cant even get the healthcare done, it even harder for him to do a CIR. His opponent gets the message that Obama and the democratic party is weak and insecure.
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sundevil
06-07 08:52 PM
http://news.yahoo.com/s/ap/20070607/ap_on_go_co/immigration_congress;_ylt=ArnshjTvhSvm1qUHwgpvIYME tbAF
Republicans were working to break an impasse on a proposal that would let employers continue to handpick the high-skilled workers they want to get green cards, rather than requiring workers to qualify through a new, government-run point system.
That change, sought by Sen. Maria Cantwell (news, bio, voting record), D-Wash., and Sen. John Cornyn (news, bio, voting record), R-Texas, with vigorous backing from the high-tech community, could upset the delicate balance underlying the contentious immigration measure.
Republicans were working to break an impasse on a proposal that would let employers continue to handpick the high-skilled workers they want to get green cards, rather than requiring workers to qualify through a new, government-run point system.
That change, sought by Sen. Maria Cantwell (news, bio, voting record), D-Wash., and Sen. John Cornyn (news, bio, voting record), R-Texas, with vigorous backing from the high-tech community, could upset the delicate balance underlying the contentious immigration measure.
more...
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SlowRoasted
05-01 10:12 PM
oooo cool, i like the effect on the dog image too.
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Blog Feeds
08-07 09:40 AM
California taxpayers need to cover higher fees of private lawyers, who are hired by the state as the Attorney General's Office doesn't have the staff to handle all of the cases internally. In some instances, the state has employed outside counsel at hourly rates that reach $450 even while most of its in-house lawyers earn less than half that. Rates can be much higher, if the suits require private attorneys having a particular expertise.
Since January 2008, the Department of Corrections and Rehabilitation has signed about $24 million in contracts with private lawyers hired because the Attorney General's Office says it's too shorthanded to take the jobs. The corrections department is seeking the additional help despite having about 80 lawyers of its own to handle a gamut of cases, with about a dozen of those assigned to prisoner-filed litigation.
More... (http://www.visalawyerblog.com/2009/08/private_lawyers_costs_heavily.html)
Since January 2008, the Department of Corrections and Rehabilitation has signed about $24 million in contracts with private lawyers hired because the Attorney General's Office says it's too shorthanded to take the jobs. The corrections department is seeking the additional help despite having about 80 lawyers of its own to handle a gamut of cases, with about a dozen of those assigned to prisoner-filed litigation.
More... (http://www.visalawyerblog.com/2009/08/private_lawyers_costs_heavily.html)
more...
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sury
02-05 08:53 PM
My friend is having a software consulting company and is also planning to launch a Jobsite. He was confused he can do so as he is running software company..
Please advise..
Please advise..
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godspeed
06-29 08:33 AM
Last time (in 2008) TSC was very fast in approving the cases, NSC was bit slow, thought it would be a good statistic at a glance on approvals.
What is the purpose of knowing which center processed?
What is the purpose of knowing which center processed?
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simple1
05-14 06:40 PM
http://awesome.goodmagazine.com/transparency/web/0905/trans0509whoiscomingtoamerica.jpg
ekaurgcf
06-01 08:42 PM
Hi Attorneys,
If someone could give me your inputs/replies please.
Thanks.
If someone could give me your inputs/replies please.
Thanks.
Blog Feeds
09-16 05:50 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
Still not too late to apply for an H-1B (http://www.fongandchun.com/lawyer-attorney-1477281.html). New H-1B quota figures as of September 10, 2010:
Out of the 65,000 cases that can be approved for H-1B this year, 37,400 cases have been receipted by USCIS for the regular Bachelor's degree H-1B quota. This is up from 36,600 cases which were received since September 3, 2010.
Approximately 13,700 cases have been receipted by USCIS for the advanced degree H-1B quota, a slight increase of about 300 cases filed since September 3, 2010 when approximately 13,400 cases had been received.
October 1, 2010 is around the corner. People with newly approved H-1Bs will soon be able to begin employment. First time applicants can still continue to submit applications for H-1B status until the entire H-1B quota is exhausted. I'll keep you updated on the cap count, so check back soon. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/september-2010-update-on-h1b-q.html)
Still not too late to apply for an H-1B (http://www.fongandchun.com/lawyer-attorney-1477281.html). New H-1B quota figures as of September 10, 2010:
Out of the 65,000 cases that can be approved for H-1B this year, 37,400 cases have been receipted by USCIS for the regular Bachelor's degree H-1B quota. This is up from 36,600 cases which were received since September 3, 2010.
Approximately 13,700 cases have been receipted by USCIS for the advanced degree H-1B quota, a slight increase of about 300 cases filed since September 3, 2010 when approximately 13,400 cases had been received.
October 1, 2010 is around the corner. People with newly approved H-1Bs will soon be able to begin employment. First time applicants can still continue to submit applications for H-1B status until the entire H-1B quota is exhausted. I'll keep you updated on the cap count, so check back soon. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/september-2010-update-on-h1b-q.html)
