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immigrationvoice1

03-11 03:39 PM

My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D

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Johnny Depp and Vanessa

beemboy

11-16 06:12 PM

That is exactly what the senate has been doing. And the House too.



Nice one riva2005. :D :D

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dvb123

11-21 10:57 AM

Cubans and their family members need not wait in line to get green card.

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-22679.htm

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krishna_brc

10-27 01:13 PM

Thank you.

If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

Thanks a lot for your kind help.

Our's was fresh application and paid full fee.

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nashim

08-11 09:56 AM

please add year 05, 06, 07 and 08 too.

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sreeanne

02-04 05:30 PM

Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

Do we need to report the same if kid has india visa for 10years?

I am not sure how far this is true? Can anyone guide on this.

~Sree

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sunny1000

01-14 05:30 PM

Here is an exaustive list of charitable orgs (source: msnbc):

Haiti earthquake: How to help - Haiti earthquake- msnbc.com (http://www.msnbc.msn.com/id/34835478/ns/world_news-haiti_earthquake/)

------------------------------------------------
Action Against Hunger, 877-777-1420
Agape Flights, 941-584-8078
American Red Cross, 800-733-2767
American Refugee Committee, 800-875-7060
American Jewish World Service, 212-792-2900
AmeriCares, 800-486-4357
Beyond Borders, 866-424-8403
B'nai B'rith International, 202-857-6600
CARE, 800-521-2273
CarmaFoundation
Catholic Relief Services, 800-736-3467
Childcare Worldwide, 800-553-2328
Church World Services, 800-297-1516
Concern Worldwide, 212-557-8000
Convoy of Hope, 417-823-8998
Cross International, 800-391-8545
CRUDEM Foundation, 413-642-0450
CRWRC, 800-55-CRWRC
Direct Relief International, 805-964-4767
Doctors Without Borders, 888-392-0392
Episcopal Relief and Development, 800-334-7626
Feed My Starving Children, 763-504-2919
Food for the Poor, 800-427-9104
Friends of WFP, 866-929-1694
Friends of the Orphans, 312-386-7499
Habitat for Humanity, 1-800-422-4828
Haiti Children, 877-424-8454
Haiti Foundation Against Poverty
Haiti Marycare, 203-675-4770
Haitian Health Foundation, 860-886-4357
Healing Hands for Haiti, 651-769-5846
Hope for Haiti, 239-434-7183
International Child Care, 800-722-4453
International Medical Corps, 800-481-4462
International Rescue Committee, 877-733-8433
International Relief Teams, 619-284-7979
Islamic Relief USA, 888-479-4968
Lions Club International Foundation, 630-203-3836
Lutheran World Relief, 800-597-5972
Medical Benevolence Foundation, 800-547-7627
Medical Teams International, 800-959-4325
Meds and Food for Kids, 314-420-1634
Mennonite Central Committee, 888-563-4676
Mercy Corps, 888-256-1900
Nazarene Compassionate Ministries, 800-306-9950
New Life for Haiti, 815-436-7633
Operation Blessing, 800-730-2537
Operation USA, 800-678-7255
Oxfam, 800-776-9326
Partners in Health, 617-432-5298
RHEMA International, 248-652-9894
Rural Haiti Project, 347-405-5552
The Salvation Army, 800-725-2769
Samaritan's Purse, 828-262-1980
Save the Children, 800-728-3843
UN Central Emergency Response Fund
UNICEF, 800-367-5437
United Methodist Committee on Relief, 800-554-8583
World Concern, 800-755-5022
World Hope International, 888-466-4673
World Relief, 800-535-5433
World Vision, 888-511-6548
Yele Haiti, 212-352-0552
Wyclef Jean's grassroots org
Text Yele to 501 501 to donate $5 via your cellphone
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Also, be very careful about donating to unknown sites/emails. They could be scams (source msnbc):

Finally, the FBI urges people who are looking for ways to help with earthquake relief to be wary of solicitations that could be from scam artists.

Beware of bogus online 'help' for Haiti - Security- msnbc.com (http://www.msnbc.msn.com/id/34845486/ns/technology_and_science-security/)

"Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization or a good cause," the FBI said, in passing along these tips:

Ignore unsolicited e-mails, and do not click on links within those messages.
Be skeptical of individuals representing themselves as surviving victims or officials asking for donations via e-mail or social networking sites.
Be cautious of e-mails that claim to show pictures of the disaster areas in attached files, because the files may contain computer viruses. Open attachments only from know senders.
Decline to give personal or financial information to anyone who solicits contributions.
Make contributions directly to known organizations, rather than relying on others who claim in e-mails that they will channel the donation to established groups.
The FBI says anyone receipting an e-mail that appears to be a scam should forward it to this Web site: Internet Crime Complaint Center (IC3) | Home (http://www.ic3.gov)

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sbdol

07-21 09:51 PM

I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.

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TheCanadian

01-02 02:24 AM

That's goofy, I wonder why.

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vxg

08-31 02:03 PM

Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.

kanaka

The FP done for AP does not apply to I-485, the two are separate.

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mheggade

01-08 08:36 AM

I hear SAP Functional jobs are very short term though you make good money. Some companies want you to be ready for 100% travel.

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whoever

07-19 10:49 AM

anyone help!

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MSCapBust

07-18 03:52 PM

I have a few questions and much thanks for those who answer.

1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

Thanks,
Much worried.

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immigrationvoice1

03-20 11:54 AM

I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks

I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !

I was very grateful for the help and advice the SSN office person provided me at that time.

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meridiani.planum

06-17 09:38 PM

Thanks to every one for considering my message and answering to the questions.

Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

Regards,
swashbuckler

See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)

specifically:

3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement


so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)

I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)

Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

Depends on your appetite for risk...

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IneedAllGreen

06-28 02:45 PM

I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


Thanks
INeedAllGreen

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learning01

05-11 01:21 PM

I am trying but I am getting a busy tone.

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sledge_hammer

02-22 12:46 PM

By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

I think you should consult an attorney.

To all Experts/Gurus, please advice on this issue.

I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

Thanks.

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maco

08-10 11:09 AM

I got the info from my friends attorney.
i want to verify it with my attorney but he is not lifiting phone. he is too busy

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rogerdepena

07-17 11:45 PM

haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...

there is an online petition happening here..

after we have seen what can be achieved, I don't think so it will be really tough to make it clear..

I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.

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smiledentist

06-14 01:45 PM

485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.

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thakkarbhav

08-26 03:28 PM

Normally in the job ad they specify if they need greencard holder or citizen. If they have not specified and you have job then it is all set. EAD is the document which establish your right to work. so they ask it when you join them. They will take photocopy of it. You need to update them when you renew your EAD.

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gjoe

08-22 03:03 PM

Demand application numbers by PD , country and category for every month starting from 1998.

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sledge_hammer

12-03 04:59 PM

Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -

http://www.uscis.gov/files/article/public_cqa.pdf

Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?

A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.

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gcformeornot

12-31 02:15 PM

please vote....... be good samaritans..... you know what I mean...

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newbee7

07-05 01:00 AM

Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).

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yabadaba

06-18 11:59 AM

part1:

Date of Last Arrival (mm/dd/yyyy)


since i did not get that stamped on my passport...do i put in the date that i last got the stamp when i last entered?

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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.

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unseenguy

02-23 01:34 PM

Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.

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genscn

01-29 12:22 PM

Is there something wrong with Indian Consulate-Houston's website? http://www.cgihouston.org/

Are they close for some reason?

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jonty_11

07-11 03:07 PM

as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...

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LongJourny

01-20 06:10 PM

Hi,

I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.

I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance

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cbpds

10-05 10:07 PM

I am asked to show my I 797 form by the Indian officer once I land in India from USA, not just once every single time :)

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desi3933

12-07 04:58 PM

.....
55 lakhs is too high for a person who has only 6 years of US experience.


Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

Salary for any job depends on lot of factors. How one negotiates is a key factor.


_________________
Not a legal advice.

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cox

October 16th, 2005, 06:13 PM

I shot this on the Golden Gate this morning. I liked the general effect of the cars, but you'll notice the whole thing is soft. There was a lot of haze, which was a problem, but even worse, the whole bridge was shaking. I was surprised the pic came out this clear... I need a better locale, I think...

http://www.dphoto.us/forumphotos/data/931/medium/ggate_long_exposure_sm_C_101605_JP8X5623.jpg (http://javascript<b></b>:;)

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Shawn

August 9th, 2005, 11:09 AM

Times Square, this process would allow you to clear out all the people and if needed one could bring back the original colors of neon lights in Photoshop, also remove trailing & headlights of cars.

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thomachan72

06-04 11:38 AM

Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
No, they said may be this Friday / next week.

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breddy2000

12-16 12:22 PM

A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

It quiet common that each office follows different rules.

No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.

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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)

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Just wanted to wish my sister;

shortchanged

08-01 06:09 PM

Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best

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gc_bulgaria

11-25 09:22 PM

I called TSC and spoke to someone. Forgot to get the date though. Will do so tomorrow.

1-800-375-5283
1, 2, 2, 6, 1
Now enter your receipt number
1, 1 (now listen to the case update info)
3, 4

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sargon

01-26 12:32 PM

I am glad that the Admins have deleted it. It really was a stupid question about a specific race...

u are a rasam drinking gulty, right?
:eek:

check your facts again. racism is considered sexy these days ;)

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MrWaitingGC

05-22 04:58 PM

What will happen in this case.

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optimist578

11-19 09:56 AM

Hello All,

I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?


Please advice!

I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.

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pmpforgc

02-07 07:15 PM

Here is some more info

I am traveling from

From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad

thanks

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mmanurker

10-17 03:11 PM

Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.

apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.

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canmt

10-19 10:37 AM

You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.

I hope this helps and good luck on your greencard chase.

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saibaba

01-21 04:30 PM

You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.

I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...

At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....

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njboy

09-11 01:38 PM

-----------

This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------

not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..

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abhijitp

07-19 12:57 PM

Thanks for clarifying milind70.
Abhijip - We all want to help here but please don't provide confusing info.

As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.

Sorry... I did not know you could file concurrently before PERM came into play. So, does the original poster have to wait for the I-140 receipt? Only then can he apply for AOS using that receipt number? What if he applied for I-140 ONCE more, only this time concurrently along with a I-485? I think you can submit multiple I-140's ... just that you could only premium-process (BTW, no Premium Processing through this month anyways!) the one I-140 that goes out with the original "Labor certification approval".

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nixstor

11-04 02:30 PM

There are online spell-checkers available. Here is the one that I use all the time: http://www.orfo.ru/online/ (click on [Eng] icon in the top right corner if it appears in Russian). It only shows the errors and does not suggest the correct spelling, but hey - it's free. :)

Its not about not being able to find a free spell checker. Its about doing it amidst of 10 diff things. Hope that makes sense. Its good not to have spelling mistakes, but I wouldnt consider 1 or 2 typos as a big issue.

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Sakthisagar

04-15 08:35 AM

Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

Good Luck to you and let us enlighten us, what happened to your case.

Prayers to everyone who are in this difficult phase of life extending the H1B.

May GOD Bless

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rajenk

09-16 04:35 PM

I guess you guys are not qualified for AC21 after approval! Here is the detailed article on this specific topic from Murthy.com. You should have done the AC21 before your case got approved.

MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/mb_pdf/082710_P.html)

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vban2007

05-29 11:11 AM

October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company

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xbohdpukc

09-25 02:45 PM

If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

Any idea, whether this is possible?

Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

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prinive

03-27 12:26 PM

Thanks Buddy...

Any one else ...

I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?

My Receipt ID: 54118296K6578915K

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santb1975

12-10 08:17 AM

For question 2 - you just have to put a reminder for yourself and make a contribution of 10$ every month to donations at immigrationvoice.org. May be this can be done on par with the rent/ mortgage/ credit card bill/car payment that happens every month

Hello-

1) Is it possible to allow minimum ONE TIME contributions like $10?
2) Is it possible to allow minimum RECURRING contributions like $10?

When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.

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dixie

09-18 01:32 PM

No, we are not against the concept of H1-B visas as such .. just that we want it to be conditional on reforming the broken EB system; we believe that is in the interest of all future H1-Bs. In any case, the point of excluding H1-B and FB is not so much that we are against it as to focus our objectives clearly and cut down on opposition - as nycgal pointed out, lot more ordinary americans are concerned about H1-Bs than granting GCs to those already here.

I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??





....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants

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amitga

05-23 01:45 PM

My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.

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12-31 09:39 PM

it up....^^^^

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dilbert_cal

06-29 09:28 PM

As per H1B you cannot do this.. the second job will be illegal

Mr Saxena

Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

Now on to the OP :-

YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.

It should not have any effect on your current H1 or 140.

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gopinathan

04-13 01:55 PM

braindrain - can you please update on your parents visa please ..

I have a similar issue that I need some guidance..

My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.

Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.

how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)

thanks
Gopi

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GodHelpUs

03-21 10:48 AM

I am really shocked on looking at this article.

http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?hp

An Agent, a Green Card, and a Demand for Sex

Article Tools Sponsored By
By NINA BERNSTEIN
Published: March 21, 2008

No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
Skip to next paragraph
Enlarge This Image
Uli Seit for The New York Times

Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
Audio A Secret Recording
Enlarge This Image
Uli Seit for The New York Times

The Flagship Restaurant, where Mr. Baichu met with a green card applicant.

The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.

�I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�

She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.

The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.

No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.

The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.

His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.

The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.

The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.

Reasons to Worry

A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.

She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.

She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.

So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.

�We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.

As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.

In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.

�If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.

The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.

He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�

Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�

Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.

His reply, the recording shows, was a blunt demand for oral sex.

�Right now? No!� she protested. �No, no, right now I can�t.�

He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�

Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.

How Much Corruption?

The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.

Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.

�It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�

�Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�

When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.



Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.

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