Blog Feeds
08-20 02:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?
Answer #1
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.
Question #2 � Employment Based Immigration � Green Card
We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?
Answer #2
If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?
Answer #3
The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.
Question #4 � Employment Based Immigration � Green Card
I just received my Green Card, what do I do now?
Answer #4
USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.
Question #5 � General � Social Security Card
How and when can I get a Social Security Card?
Answer #5
Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.
Question #6 � Employment Based Immigration - Green Card
My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�
Answer #6
If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.
Question #7 � Employment Based Immigration � Labor Certification
What is the difference between the old process for obtaining labor certification and the new PERM process?
Answer #7
In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.
Question #8 � Employment Based Immigration - Green Card
The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?
Answer #8
If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.
Question #9 � Employment Based Immigration � Green Card
My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??
Answer #9
Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas are left?
Answer #10
As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?
Answer #1
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.
Question #2 � Employment Based Immigration � Green Card
We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?
Answer #2
If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?
Answer #3
The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.
Question #4 � Employment Based Immigration � Green Card
I just received my Green Card, what do I do now?
Answer #4
USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.
Question #5 � General � Social Security Card
How and when can I get a Social Security Card?
Answer #5
Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.
Question #6 � Employment Based Immigration - Green Card
My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�
Answer #6
If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.
Question #7 � Employment Based Immigration � Labor Certification
What is the difference between the old process for obtaining labor certification and the new PERM process?
Answer #7
In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.
Question #8 � Employment Based Immigration - Green Card
The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?
Answer #8
If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.
Question #9 � Employment Based Immigration � Green Card
My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??
Answer #9
Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas are left?
Answer #10
As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)
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mbartosik
02-20 11:01 AM
MRSR:
there have been rumors of EB2 India moving out of U.
Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.
I interfiled (ROW) in December, I'm not sure if they applied it.
When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.
there have been rumors of EB2 India moving out of U.
Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.
I interfiled (ROW) in December, I'm not sure if they applied it.
When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.
go_guy123
01-11 08:35 AM
The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.
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MerciesOfInjustices
05-22 12:48 AM
On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
more...
vivache
09-21 05:42 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
nozerd
09-06 04:39 PM
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
more...
askbz1
04-16 11:18 AM
Thank You so much. Found this thread just in time when I was searching for insurance from my Parent's visit to US.
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greencardfever2007
06-23 11:58 AM
I have filed I-485 under EB2 category using EB3 priority date along with copy of approved EB3 I-140 approval notice. Now my employer is considering reusing my approved EB3 labor for someone else, thinking that my EB2 I-485 application will not be impacted as it is now filed with CIS. Can the employer reuse the EB3 labor without impacting my case? :confused:
Please advice.
Thank you.
Please advice.
Thank you.
more...
immi_2006
10-14 03:27 PM
Take it from ICICI Lombard Insurance. They have tied up with United Health Care. For 6 months it comes to some where around 10,000 to 15,000 rupees which is pretty cheap compared to US vistor insurance.
Only condition is insurance should be taken before you start from india.
SRI used to be good when they were SRI. Now it is merged with Sevencorners and they don't process claims well.
Indianetwork insurance is quite common with Indians but they take more than 5 months to process claims and they pay part of the claims.
Only condition is insurance should be taken before you start from india.
SRI used to be good when they were SRI. Now it is merged with Sevencorners and they don't process claims well.
Indianetwork insurance is quite common with Indians but they take more than 5 months to process claims and they pay part of the claims.
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validIV
03-18 12:33 PM
You have an EAD, so you can file the incorporation or founding of the company yourself. You do not need a partner. As for formation and dissolution fees for the business entity of your choice, you would need to research that by your state.
more...
txh1b
08-20 04:35 PM
The whole concept of democracy is taxation with representation.
Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.
Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.
Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.
Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.
Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.
Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.
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surge
02-20 08:25 PM
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
more...
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GKBest
10-23 08:52 PM
I got the mail today....
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
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vybe3142
07-25 12:03 AM
thanks much, ...
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
more...
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dvb123
02-13 01:08 PM
Kiss your green card dream goodbye
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gene-O
10-20 05:27 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
more...
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nozerd
09-07 09:34 AM
Just to clarify I will not be working in US at all. I will only work in Canada and getting paid in Canada. I will only come to US for personal reasons (meeting fly etc) not work. Can I use the H1 stamp to enter under those circumstances.
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zCool
03-20 04:20 PM
Yes,
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
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doubt123
06-15 01:46 PM
Hello,
I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.
Please check with your lawyer before you follow this step as I am not a lawyer.
Hope this helps and All the best...
I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.
Please check with your lawyer before you follow this step as I am not a lawyer.
Hope this helps and All the best...
walking_dude
10-26 09:57 AM
Pakal, you just made an offer no state chapter can refuse :)
Trust me, IN guys, it will get you more members. I got a couple of members to attend by calling them. Not all the members are active on the forums, though they are interested in doing the volunteer work. Even if the numbers that add up after those 30-40 calls is small, it does publicize the existence of the chapter to other members; who most probably will join once they start seeing the chapter stable and working for a few months (think of it as a publicity campaign ).
You guys followup with Paskal, he can help you run a Newsletter to reach all registered IN members. Keep it supplemental to calling the members (and not as a subsitute).
We ( MI chapter) recently had our meet. If you guys are interested PM me. I can provide you more details on what worked, and how we did preparations for it.
Hi,
I suggest you guys bump this thread periodically and keep it on the front page.
Lynne, I can provide you some help with info on IV members in IN.
Please pm/e mail me. Thanks for your effort!
Trust me, IN guys, it will get you more members. I got a couple of members to attend by calling them. Not all the members are active on the forums, though they are interested in doing the volunteer work. Even if the numbers that add up after those 30-40 calls is small, it does publicize the existence of the chapter to other members; who most probably will join once they start seeing the chapter stable and working for a few months (think of it as a publicity campaign ).
You guys followup with Paskal, he can help you run a Newsletter to reach all registered IN members. Keep it supplemental to calling the members (and not as a subsitute).
We ( MI chapter) recently had our meet. If you guys are interested PM me. I can provide you more details on what worked, and how we did preparations for it.
Hi,
I suggest you guys bump this thread periodically and keep it on the front page.
Lynne, I can provide you some help with info on IV members in IN.
Please pm/e mail me. Thanks for your effort!
hebron
06-14 03:09 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
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