MrWaitingGC
05-19 11:29 AM
If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.
I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)
I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)
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Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
shaxami
05-13 11:30 AM
hi,
My wife's priority date is current now (Marriage took place before the acceptance of my GC). We have to options - applying for FTJ or I-485 as my wife is in USA currently on a visit visa.
Any suggestions if we can apply for I-485 from here, as that is our preference.
Discussion...
My wife's priority date is current now (Marriage took place before the acceptance of my GC). We have to options - applying for FTJ or I-485 as my wife is in USA currently on a visit visa.
Any suggestions if we can apply for I-485 from here, as that is our preference.
Discussion...
2011 target”_blank”gt; super funny
harrydr
05-11 09:59 PM
Wait time for spouse to get a green card as a derivative from you would be apporximately 5 years since you already have your green card now. the best option is to wait for to get your US citizenship and them apply for your spouse and in that case the max. wait time os only 3-6 months. Hoep this helps.
more...
anandGC
04-27 09:21 AM
Good morning! Please clarify for my case details given below :
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
Thank you
Best regards,
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
Thank you
Best regards,
Ann Ruben
04-17 01:25 PM
As a July 2007 filer, you do have to pay the $305 filing fee. The $80 biometrics fee applies only to applicants for Reentry Permits and Refugee Travel Documents. It is not required for Advance Parole.
Individuals who file for AOS after July 2007 have to pay a $1010 filing fee for the I-485, but are not required to pay filing fees for subsequent AP's and EAD's. The following is an excerpt from the USCIS website:
"Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file."
Individuals who file for AOS after July 2007 have to pay a $1010 filing fee for the I-485, but are not required to pay filing fees for subsequent AP's and EAD's. The following is an excerpt from the USCIS website:
"Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file."
more...
gk_2000
11-05 05:07 PM
It leaves out per-country limits for EB
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Stan09
03-24 02:40 AM
Hello all,
after I get my GC,
do I still need to file AR11(notify USCIS) every time I change my address?
after I get my GC,
do I still need to file AR11(notify USCIS) every time I change my address?
more...
stupendousman11
12-04 03:31 PM
I have usually asked my HR to give me a letter covering the following details in the employment letter to avoid unnecessary questions at POE:
Name
Designation
Location
Salary
Job responsibilities/description
Employed as H1
Indication that you are out of the country for a short time and intend to come back to rejoin the company
Name
Designation
Location
Salary
Job responsibilities/description
Employed as H1
Indication that you are out of the country for a short time and intend to come back to rejoin the company
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JunRN
08-19 07:58 PM
I think TSC is strictly screening all applications so that it will not be burdened by too many cases including incomplete application to be processed. Therefore, in the long run, TSC will be faster in approving or denying cases.
more...
skiistari
06-07 11:57 PM
I just finished an intership with a company that does essentially what you do, except that they are already established in the Philadelphia Area. I don't know much, but I think your best bet would be to contact local businesses that might need multimedia stuff. Also, put some time into making a really /really/ kickass site, being as it is what is selling your services.
Good luck!!!
Good luck!!!
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psk79
07-20 12:18 PM
When did you send your I485? Is it in June or July?
more...
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tonyHK12
09-29 02:52 PM
No point in dreaming about getting any support from dems, they will bring up DREAM act for illegals and will hold legals hostage until CIR.
Our best chance is to get support from the republican pro-legal immigration senators like - Cornyn, Kyl, Judd Greg etc..
I second this. How about getting our members to contact them by phone or mail for support?
Our best chance is to get support from the republican pro-legal immigration senators like - Cornyn, Kyl, Judd Greg etc..
I second this. How about getting our members to contact them by phone or mail for support?
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EkAurAaya
05-17 12:56 PM
I'm not a lawyer but my Mom was in the same situation accept she had GC back in the 70's and after that she moved to India and then used visitors visa to travel back and forth (couldn't travel every year) - My understanding is that once you use visitors visa to enter the country you automatically abandon your perm resident status (even though she never physically surrendered the GC).
She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).
Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.
Good Luck! Share your experience :)
She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).
Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.
Good Luck! Share your experience :)
more...
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HV000
11-09 08:38 PM
I have 2 H1B Transfer questions for clarification.
1. Can H1B Transfer be filed when H1B Extension is pending with the current employer?
2. Do i need to have copy of I-140 approval notice for H1B Tranfer? The current employer does not share this document.
I appreciate members response.
1. Can H1B Transfer be filed when H1B Extension is pending with the current employer?
2. Do i need to have copy of I-140 approval notice for H1B Tranfer? The current employer does not share this document.
I appreciate members response.
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atiq4
10-07 04:35 PM
First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.
Question: Can I port my PD from the first Labor application date now.
Question: Can I port my PD from the first Labor application date now.
more...
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rb_248
12-07 07:14 AM
Did we ever think about forming a team with other like minded people under one banner? I think we will be able to effect something if all Pro CIR people join hands together and pool our resources. Any suggestions??
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thakurrajiv
09-29 07:42 PM
We had our fingerprints yesterday. They use scanners. No ink. They take 1 picture and prints of all the fingers of both the hands.
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dartkid31
05-30 10:42 AM
Interesting article regarding how a Utah congressional primary could affect the Senate House conference on CIR.
http://www.opinionjournal.com/diary/?id=110008446
It looks like the anti-immigrant groups are pumping money into the campaign of a Tancredo clone in an attempt to unseat a pro-immigrant Republican Congressman.
Mr. Throckmorton benefited from $80,000 in radio and billboard ads donated by anti-immigration groups upset by Mr. Cannon's strong support of a guest-worker approach.
The anti-immigration groups are probably counting on a loss by the incumbent congressman to help convince other House Republicans that opposing S 2611 would help their reelection chances
A loss by Mr. Cannon would have profound political consequences. Conservative activist Grover Norquist has called the Utah congressman "the president's strongest ally in maintaining a pro-immigrant GOP." Mr. Cannon has long been one of the few members to point out the genuine need the U.S. economy has for new workers. He has publicly chided some of his colleagues for "demagoguing the immigration issue--some to raise money, some for attention." He has pointed out that some anti-immigration groups have ties to environmental and population-control extremists.
If they succeed, CIR would probably go nowhere this year, or would get most of the pro-immigrant sections stripped out in conference. From the looks of it, these groups are pulling out all the stops. Just goes to show what we are up against.
http://www.opinionjournal.com/diary/?id=110008446
It looks like the anti-immigrant groups are pumping money into the campaign of a Tancredo clone in an attempt to unseat a pro-immigrant Republican Congressman.
Mr. Throckmorton benefited from $80,000 in radio and billboard ads donated by anti-immigration groups upset by Mr. Cannon's strong support of a guest-worker approach.
The anti-immigration groups are probably counting on a loss by the incumbent congressman to help convince other House Republicans that opposing S 2611 would help their reelection chances
A loss by Mr. Cannon would have profound political consequences. Conservative activist Grover Norquist has called the Utah congressman "the president's strongest ally in maintaining a pro-immigrant GOP." Mr. Cannon has long been one of the few members to point out the genuine need the U.S. economy has for new workers. He has publicly chided some of his colleagues for "demagoguing the immigration issue--some to raise money, some for attention." He has pointed out that some anti-immigration groups have ties to environmental and population-control extremists.
If they succeed, CIR would probably go nowhere this year, or would get most of the pro-immigrant sections stripped out in conference. From the looks of it, these groups are pulling out all the stops. Just goes to show what we are up against.
s416504
06-24 05:05 PM
Thanks both for prompt reply.
Current PD for India is 2001/unavilable
Our EB3 PD is JUL-06 then why RFE now?
I agree that you should just send the G-325, if that is all they ask for. Just follow the instructions on the RFE regarding how to respond.
Current PD for India is 2001/unavilable
Our EB3 PD is JUL-06 then why RFE now?
I agree that you should just send the G-325, if that is all they ask for. Just follow the instructions on the RFE regarding how to respond.
Ann Ruben
04-08 11:05 AM
Hi Xela,
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
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