Leo
07-16 09:48 AM
sounds great to me :)
wallpaper Pippa Middleton became a
GCSOON-Ihope
08-23 10:50 AM
:) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
ghost
08-11 09:33 AM
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.
People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.
This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!
You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!
You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!
Good luck to all of us!
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3 and look forward to IV direction.
People who understand America realize that money talks and lobbying works in Washington. We are ready for lobbying in our own ways (emails, phone calls, advocacy days, etc.). Besides this personal lobbying, we need to crack through official channels of lobbyists using money.
This would require each of us to sign up for a 25 USD per month recurring donation for 1 year (read this as 1 dinner per month for couples and 2 dinners per month for singles). BTW, don't wait for others to eat their dinners before you eat yours. It is your money and it is your dinner, eat it for your own good!
You are entitled to the sense of ownership in formulating and executing IV Advocacy - lot's of good ideas out there - some of them can be achieved administratively!
You can cancel your recurring donations, if you succeed in Option 1 or if Congress passes CIR between now and Sep 2011 and that benefits you. Make sure you recruit another IV member before you leave or cancel IV membership. Trust me, this is not going to end any time soon!
Good luck to all of us!
2011 Pics Of Pippa Middleton
H1B-GC
09-17 02:42 PM
2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.
From the discussion, I think the officer will stamp the last original, make a copy and give the original back.
Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.
From the discussion, I think the officer will stamp the last original, make a copy and give the original back.
Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.
more...
champu
02-23 02:26 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
My dear friend, people are nervous. I am too. Bad news are coming from all corners.
USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.
My dear friend, people are nervous. I am too. Bad news are coming from all corners.
USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.
mnq1979
10-23 10:39 AM
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
more...
kumhyd2
07-22 02:25 PM
Think before you post. People look into the threads based on the heading and your post which is irrelavant to the original post doesn't make any sense. May be look for the appropriate thread and post in there.
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
2010 pippa middleton pictures.
nixstor
09-17 11:19 AM
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
No offence intended, no flames expected :)
more...
nozerd
01-28 07:25 PM
Yes, same thing happened to me also. My nephew who applied got OCI but when I applied for my daughter the application was rejected and sent back. I then got PIO.
Per the rules to get OCI at least 1 of the parents nationality has to be non Indian. The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.
Per the rules to get OCI at least 1 of the parents nationality has to be non Indian. The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.
hair Racy New Pippa Middleton Photo
walking_dude
03-28 10:39 AM
With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.
IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.
Great job, IV team, in providing such a useful tool for the benefit of our community.
IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.
Great job, IV team, in providing such a useful tool for the benefit of our community.
more...
gbof
07-31 10:02 AM
aa jaa tuj koo pukaraeee tera meeet re...oo meare dil bar...........abb tou aa jaa...ab tou aa ja
hot Pippa Middleton#39;s love life
caond
05-07 10:32 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
more...
house Philippa quot;Pippa Middletonquot;
Lasantha
11-16 05:21 PM
Celebrated for Krishna killing of the evil Narakasura.Unfortunately..this has become commercial like chirstmas and people forget the real reason and start interpreting thier own stories..it also marks Ram's return to Ayodhya after defeating Ravan.
Then you must alert the senate because I don't see your version in the list in the Senate resolution. :cool:
Then you must alert the senate because I don't see your version in the list in the Senate resolution. :cool:
tattoo Pippa Middleton
Berkeleybee
03-31 06:00 PM
Thank you Jkays and Cpolisetti for bringing this to our attention.
I just sent Mitra an email.
best,
Berkeleybee
I just sent Mitra an email.
best,
Berkeleybee
more...
pictures pippa middleton sunbathing
raysaikat
03-17 03:46 PM
(I am not an attorney)
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
dresses Popular name : Pippa Middleton
abhi_jais
12-09 12:03 PM
abhi_jais:
Delhi embassy called me for re interview on Nov 10th and issued me the visa.
Best of luck to you.
Thanks man, Actually my wife is stuck there because of this stupid 221G green slip. She went for H1-B stamping. VO has requested for some company papers like details of every employee in the company (Immigration and Wage) etc. Anyways, where did you track the status of your case? Please post the link if you can.
--Abhishek Jaiswal
Delhi embassy called me for re interview on Nov 10th and issued me the visa.
Best of luck to you.
Thanks man, Actually my wife is stuck there because of this stupid 221G green slip. She went for H1-B stamping. VO has requested for some company papers like details of every employee in the company (Immigration and Wage) etc. Anyways, where did you track the status of your case? Please post the link if you can.
--Abhishek Jaiswal
more...
makeup pippa middleton pictures.
geesee
07-13 09:38 AM
These should be called "Payed Services". What do you think ?
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
girlfriend pippa middleton pictures
stupendousman11
01-14 09:36 AM
Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
hairstyles Pippa Middleton Watches London
saran4
03-03 09:05 PM
Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
Blog Feeds
08-06 08:10 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 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 (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
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, August 20, 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_1.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 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 (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
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, August 20, 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_1.html)
needlotsofluck
08-01 09:56 PM
Old filing fee and form if filed by 8/17
No negative side other than a few days delay for them to match it up against your I-485
I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?
No negative side other than a few days delay for them to match it up against your I-485
I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?
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