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Prevailing Wage: Validity Period for H-2B prevailing wage determinations

14 years ago By Editor

On August 30, 2010, the U.S. District Court for the Eastern District of Pennsylvania in Comitè de Apoyo a los Trabajadores Agricolas (CATA) v. Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.) invalidated the Department's use of skill levels in establishing prevailing wages and the Department's reliance upon Occupational Employment Statistics (OES) data in lieu of Davis Bacon Act and Service Contract Act rates.

DOS Issues Notice On Registration For Diversity Immigrant (DV-2012) Visa Program

14 years ago By Editor

[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60846-60854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc10-116]

---------------------------------------

DEPARTMENT OF STATE

[Public Notice: 7184]

Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2012) Visa Program

AGENCY: Department of State.

ACTION: Notice.

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Guestbook Entry for Vishalkumar Patel, United States

14 years ago By Anonymous (not verified)
Name
Vishalkumar Patel
Country
United States
State
North Dakota
Comment

"When I join Rajiv Khanna and speak to Amrita about green card process somehow i got  feeling that I am in good hand for green card".  It is really nice to work with Rajiv Khanna's Law Office and people who works there. Specially Amrita whom I am working with my green card process. She gives really good response, explanation on the phone and email and give enough time to discuss questions and issues that I have. She does conference with Rajiv Khanna when needed for discussion. I have got my PERM approved in this process. It is really nice experience while working with them. They go through case very  deeply and  discuss pros and cons with us so you get better picture.  Thanks for all you do Vishalkumar Patel

Guestbook Entry for Ramesh Sagili, United States

14 years ago By Anonymous (not verified)
Name
Ramesh Sagili
Country
United States
State
Oregon
Comment

Attorney Khanna and his staff are very meticulous and posess the skills to handle anykind of roadblocks that come across during the process of immigration filing. I filed my permanent residency application under EB-1A category through them and got an approval. Diane was extremely helpful and diligent in answering questions and seeking appropriate information from me throught out the process. I was amazed how quickly she got acclimated to the research work i was doing and provided excellent guidance in obtaining required letters and other information. I am thankful to them for their efforts and highly recommend their services.

EB2 eligibility

14 years ago By Chief Editor
Question details

I did my BSc (3 years) in Computer Science From St Xaviers Mumbai. Then I did my MCA ( 3 years ) from REC Trichy. I have 7 years of work experience and all those years have been in IT industry.My company is going to file my GC for me. Am I eligible for EB2 category?

Yes, you are eligible for EB-2.

K-3 Visa

14 years ago By Chief Editor
Question details

I am married to a U.S. born citizen we just got married, is there a problem if I apply for the visa right after marriage? Do I have to leave the U.S? How long will it take to receive the visa?

I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.

USCIS Issues Notice To TPS Re-registrants From El Salvador, Honduras And Nicaragua

14 years ago By Editor

If you are from El Salvador, Honduras or Nicaragua and have successfully re-registered for TPS, you should be aware that new Employment Authorization Documents (EADs) may not be issued until early November 2010.

While awaiting your new EAD, you may provide your existing EAD as proof of employment authorization.  You may also provide your employer with a copy of your country’s most recent Federal Register notice announcing the TPS 18-month extension and the 6-month auto-extension of EADs.

Moving to USA on L-1

14 years ago By Chief Editor
Question details

I am a British citizen with Canadian permenant residency. The US office of my company (I work out of the canadian office) wants me to move to the USA to work on a L1. My wife (canadian) and 2 children (canadian/british) would move with me.I am concerned about 2 things, the first being what happens if I leave the company or get laid off? It's a huge issue since we would have uprooted a good life in canada. Secondly I am not completely sure about the company. Its a new employer and they seem to be pressuring me to make the move. I am worried that they could simply lay me off whenever they want which would cause turmoil if we had to move back and start again.

I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.

H1B renewal

14 years ago By Chief Editor
Question details

I am a foreign dentist with US degree MHA, employed with a dental company as dental tech (DT) under H1B. In 5 months I was moved internally to a Clinical reserach coordinator position. However, my visa was still DT position even after 3 yrs but doing a totally different job. It is time to renew my H1B visa and again they have renewed H1b as DT since the company lawyer said it is risky to renew the H1B under another title as this may be subject to approval. Can this cause any problem for me? I want to apply for my greencard, but because of the title I am still under DT I fall under EB-3.

You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.

EB-2 with ChE MS + 2 yrs exp

14 years ago By Chief Editor
Question details

I graduated from a 4 yr US BSChE program and a 2yr MS ChE program and have been working on an H-1B for the same U.S. University as a Research Associate for 2 yrs.All my publications (2-3) are still pending and I am secondary on most of them.What requirements would the position I am promoted to need in order for me to qualify for the EB-2?

You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.

Guestbook Entry for Ramesh, United States

14 years ago By Anonymous (not verified)
Name
Ramesh
Country
United States
State
NY
Comment

Had a question about my I-485 approval and how to proceed forward with naturalization.  Mr. Khanna was really helpful.  After the consultation he let me ask follow up questions over the mail without any extra charge. Of various immigration attorneys I have spoken to over past five years, Mr. Khanna has been my favorite. Not only does he know the law but he cares about his clients.

USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230

14 years ago By Editor

Introduction

On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees.  The following Questions and Answers provide public guidance concerning the additional fees.

Questions and Answers

Q1. What is Public Law 111-230? 
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.

Presidential Memo Outlines Refugee Admissions

14 years ago By Editor

The White House

Office of the Press Secretary

For Immediate Release October 08, 2010

Presidential Memorandum--Refugee Admissions

Presidential Determination
No.       2011-2         

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT: Fiscal Year 2011 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended

Am I eligible for a green card?

14 years ago By Chief Editor
Question details

If both of my parents apply for the green card lottery and one is successful and gets the green card, but they do not use it to move to the US, would I (I'm not married) be eligible to get a green card and move to the US?, or would my parents have to move to the US on the green card for me to be eligible to get one?

I do not see how you can move without them. They would be the primary applicants for the DV.

EB2 Qualification

14 years ago By Chief Editor
Question details

I have B.Tech in Engineering from India. I have over 13 years of experience in IT.I am working as IT architect.My company is ready to process my GC.Am I eligible for EB2?

Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.

Visit visa and work

14 years ago By Chief Editor
Question details

I have B1/B2 visitor visa and I am planning to visit USA. I also have job offer from one of the company in USA. They are asking me to come on visit visa and then they will apply for my work visa (H1) while staying in USA. Should I accept their offer and travel with my spouse and children?

This could be viewed as fraud by the government.

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