Visa Bulletin -December 2010
Visa Bulletin for the month of December 2010.
Visa Bulletin for the month of December 2010.
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
WASHINGTON–Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the expansion of the E-Verify program's capabilities to include U.S. passport photo matching—further enhancing the integrity of the program by enabling E-Verify to automatically check the validity and authenticity of all U.S. passports and passport cards presented for employment verification checks.
I have done my Master's in computer science in US and I have 6 months experience before joining my current company. Will I be eligible for EB2 category?
If the job requires a Master's degree - yes.
I have MS in Electrical engineering with 3 yrs exp. The job requirement is for MS in Engineering + 2 yrs. Do I qualify for EB2?
Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.
My EB3 I-485 is pending with PD 06/2006. My company is willing to file the new EB2 as I have Indian equivalent Masters (3+3 years) and more experience as well as increased job responsibilities. Can I accept it and do the portability to get my EB3 PD? What is the minimum wage for EB2 category? Would my current company experience counts for new EB2 category? Any suggestions on the EB2 job responsibilities?
Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?
This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.
I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo?
Working directly for the end-client eliminates the employer-employee issue usually.
My mom came in for a visit in Dec 2009, I applied for I-130 in Feb-10 for her and got approved, then she left to Canada to visit a friend and came back in May, I applied for an adjustment of status in June, and she has her interview this week. Does the fact that she reentered in June with the intent to apply for permanent residency because of the I-130 approval we got lead to denying her application.
If USCIS so wishes, they can certainly make an issue of it. But they tend to be much more tolerant of cases of immediate family like parents and spouse.
I have to apply the GC under EB2 category. I have done my B.Sc(CS - 3 yrs) + M.Sc (CS - 2yrs) and having 9 years experience with Tech Architect - Lead(leading 5-20 peoples) position at this moment. My M.Sc(CS) has evaluated as US MS for H1 visa approval. Will I eligible ?
If your BS and MS are in the same field and are related to your work, EB-2 should work.
I have Bachelor of Business Administration (3Yrs) and Higher Diploma in Software Engineering (2Yrs) and 10 Yrs of Experience in which 7.5 Yrs of experience in required job description. Will I be eligible for EB2 Category?
Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.
I have a BE (4 yrs) from India and MS (2 yrs) from US and have 2 years work experience. I have to start my green card process in 2011 and I have good chances of promotion to senior engineer also next year.
1. Should I wait for the promotion before starting GC process in order to qualify for EB2?
2. My company has a requirement of BS+5yrs exp for senior level. Will BS+MS+2 yrs exp be equivalent?
3. Should the job description specifically state BS+5 yrs OR MS+2yrs, or either is fine?
You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.
My company has agreed to bring me and my wife to USA on L2 visa and then later get a H1 B visa. I want to make sure my parents have a B2 visa before I leave India. I have thought of two possible approaches:
a) Get a B2 visa for my parents but telling US consulate that I am traveling on business to USA and want my parent to visit the country. I used the same method for my wife 2 years back with no problems.
b) Get a L2/H1B visa for my self and then submit a request saying my parents want to visit the country for some time.
I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.
My boyfriend came into the USA legally with a work visa at the age of 18 but it expired and he stayed the next 5 years in the country illegally working as a waiter. We met a year ago and started dating and fell in love but he already had plans to move back to Brazil because he wanted to study and that wasn't possible here...and he left 3 months ago. Will we have issues applying for the K1 Visa since he was here for several years as an illegal immigrant?
It looks to me that he is subject to a 10-year bar from entering USA and would not get a K-1 visa. Please take an appointment with a lawyer and discuss your (only) option of getting a waiver.
New Form Results from Extensive Collaboration with the Public
WASHINGTON—For the first time, U.S. Citizenship and Immigration Services (USCIS) is introducing a standardized form for requesting waivers of the fees charged for immigration-benefit processing. Form I-912, Request for Fee Waiver, will become available for use on Nov. 23, 2010 – the same day USCIS’s latest fee schedule takes effect.
I am an IT professional who has come to the US for medical treatment on a B2. I am getting better. Since I like to constantly upgrade my skills, I found some training programs that I could attend as they are more frequent in the US than in Canada. Can I attend them on a B2? I mean I have a B1/B2 visa, but the officer marked it as B2 on the stamp on my passport at the POE. Second - I also have got an offer for a one day lecture to some technology professionals for which I might get paid. How would the folks know I worked for a day if while exiting the country there is no checking?
I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.
My company is giving me option of taking a L1 visa or H1B. My wife recently completed a 3 year Bachelors degree in Computer application from India. I want to make sure that she can work once we immigrate to US. Can you suggest what approach should we take? 1) Get myself H1 and then she does a MS from US.
2) Get a L1 visa and she can find a job in US with her 3 year degree.
Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?
It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.
What can happen to the US citizen if a spousal abuse case is filed by an illegal immigrant?
The abusing spouse can go to prison.
November 18, 2010
New Delhi - In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in
New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from
across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of
Mission India’s ongoing effort to facilitate legitimate travel to the United States.
Please check attachment to view the CRS report on Visa Waiver Program.
I am so Thankful to Mr. Rajiv Khanna and team. Initially my company's lawyer filed my H1B transfer with their own layer who screwed up everything Even I was working with the direct client and yet my h1B transfer got denied and my former company already had revoked my H1B petition with them I taked with many lawyers with Initial consultation fees but when I talked Mr. Rajeev Khanna oh my god he completely relieved my tensions he directly said that If you want to file a case with USCIS I will do it free for you however I didnt wanted that I just wanted to come out of this situation as I was Out-Of-Status So after handling my case to Rajiv Khanna and team (Mr. Rajiv Khanna,Judi and Anna) I immediately left for India and withing few months my H1B got approved without any RFE even my company officers were surprised with having no RFE I am so thankful to Mr. Rajiv Khanna and team :)
My 6th year H1-B extension is done succesfully by Rajiv khanna law firm.I got 3 years extension ..My application has been approved in 4 days...I am really thankful to people of firm especially ana baker,rachel for their support and advice . Initially i am very afraid of this employer and employee relationship ..i dont understand what exactly is that .. and most of my friends who filed with different lawyer got RFE or their h1b denied due to improper documentaion about employer and employee relationship....... With Rajeev Khanna law firm they will explain you what exactly is this and help us to prepare perfect documentation..Once again i really thank firm and all the people who helped for my approval Thanks, Srikanth.k
Please check the attachment.
I want to thank Mr. Rajiv Khanna and his team for taking care for my perm application and getting it done very professionally. I was in a bad situation were my previous perm was denied due to grave mistakes committed by previous lawyer. This is a huge relief for me and am very hopefull that further processes will be smooth as well. thanks, Sanjeev