Office of the Spokesman Washington, DC
Question Taken at the September 7, 2010 Daily Press Briefing
September 8, 2010
Question: Are there any laws or regulations regarding the issuing of visas to Chinese laborers to build the Martin Luther King monument if American workers are able to do the same work?
I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?
You do have to start the green card all over again, but your PD is yours to take with you to the new job.
My employer has being try to file labor for the last 2 years and finally decided filing as Finance major would be risky & decided to go with engineering specialization.Two major issues:
- I have 4 months remaining for 365 day deadline (H1B with time captured outside US would be Dec '11)
- My employer is asking me to go on F1 staus to freeze the time on H1.Two questions:
Is 4 months enough time for me to find a new employer & ask them to file for labor? Is it legal for me to work on F1?
It could take a bit longer than 4 months to file. You can work on F- 1 if the school allows Curricular Practical Training.
My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010.
1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category.
2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer?
3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?
1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.
WASHINGTON—On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to U.S. citizens born in Puerto Rico because of a new Puerto Rico birth certificate law. After Sept. 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid. This new law does not affect the U.S. citizenship status of individuals born in Puerto Rico. It only affects the validity of certified copies of Puerto Rico birth certificates.
Number 25
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Visa Bulletin for the month of October 2010.
Secretary of Labor delegated the authority to issue U nonimmigrant status certifications to the Administrator of the Wage and Hour Division.
I just got an employment based Green Card through Rajiv Khanna's firm. They have a very streamlined process for all the steps of the GC process. Their employees possess lot of patience, a much needed virtue to deal with GC clients.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds Salvadorans, who are eligible to re-register for Temporary Protected Status (TPS) but who have not filed their applications, to follow the late re-registration guidance.
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.
To find the details of CRS Report on unauthorised alien's access to federal benefits, please check the attachment.
An Australian Musician that is wanting to come to US for a few weeks to travel and play at approx 15-20 venues across the US. I am willing to sponsor him via my DJ entertainment service, and he will be paid for the shows. He is a professional musician in his country, has been for 15 yrs.
Which visa would be required in this case?
A "B" visa is appropriate if the artist will not be paid in USA, other than for travel and incidental expense.
If a company is willing to sponsor green cards for a number of valuable employees, currently working with temporary worker visas, does it reduce the chances of success? (like applying to 4 to 5 employees simultaneously)
Generally speaking, as long as the jobs are genuine and the employer has the ability to pay, the number is irrelevant.
On April 12, 2010, Director Mayorkas introduced the Request for Evidence (RFE) Project, an initiative that engages stakeholders in the review and revision of RFE templates used at the Service Centers to ensure they are:
I took Consultation from Attorney Rajiv Khanna regarding few questions I had after getting Green Card. He was very helpful with his advise and I appreciate his advise.
DHS Offers Temporary Employment Authorization to Certain Haitian F-1 Students Affected By the January 12, 2010 Earthquake
The Department of Homeland Security (DHS) is suspending certain requirements for employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010 earthquake in Haiti.
Why is DHS taking this action?
Office of the Spokesman W
Washington, DC
September 13, 2010
The Department has posted the second round of Frequently Asked Questions (FAQs) interpreting the 2010 Final Rule which became effective on March 15, 2010. The FAQs address questions posed by the regulated community and cover a range of topics including: pre and post-filing requirements, job offers, assurances and obligations, time frames, recruitment, etc. To view the Round 2 H-2A FAQs, please check attachment.
My 485 is pending and I am on advance parole and EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?
I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.
I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?
The general rule is - we should not try to take advantage of an error made by the govt.
I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?
I see no issues at all with the derivative beneficiary being self-employed on EAD.
New educational tools on Citizenship available for learners, teachers and organizations.
Kudos to the Immigration.com folks for delivering one of the most efficient and professional experiences I've ever had the pleasure to receive from a law firm. From day one, they knew what needed to be done and guided me without [b]condescension[/b] or hassle to get things done in the most effective way, and for a very reasonable cost. I would not hesitate to engage them again for H-1 Visa processing.