vchip
08-24 09:47 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
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seebi
10-13 01:51 PM
I am interested too.
If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
gijarh
02-12 01:55 AM
Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.
Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.
Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.
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10dulkar
01-11 09:21 PM
why EB2 is "U"
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die_exquisita
06-04 02:28 AM
Thank you for your responses! I guess it makes better sense to do the H4 processing sooner than later!
transpass
03-29 12:36 PM
Hello,
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
more...
jtp_redson
02-18 11:07 PM
Hi,
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
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rhlsur
05-06 08:23 PM
I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
more...
pappu
10-16 12:43 PM
If you are suffering from Namechecks and have a compelling story, pls post in brief on this thread. We will use your stories while speaking with lawmakers and reporters. You may also be asked to speak to the media. Please make sure your profile is complete. No anonymous members please.
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Blog Feeds
06-10 06:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
more...
pani_6
09-15 08:11 PM
I was working on H1B from Sep 2002 till Jan 2006 and then converted to H4 based on my husband's H1B. No green card was started for my H1B. My husbnad's GC is in progress, but not even the labor is cleared as of now. I have been in the US on H visa (either H4 or H1B) starting from April 27'2002. Hence when my H1B (the second extension after 3 yrs) came back in 2005, it had an expiration date of April 26 2008 (allotting 6 yrs of H visa).
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
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ivar27
11-08 01:07 PM
ok thanks
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payal_nag
11-27 02:29 PM
I've read at the vfs website and also the forums that Returning US Workers are qualified to apply for Emergency appoitment. Has anyone on this forum done this and successfully got visa stamped ? Also is there any document needed to support the emergency or just the fact that we have to return to the job is enough to qualify for this category?
Thanks!
Thanks!
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looneytunezez
02-22 11:26 AM
I believe it is 180 days before your H1 expires.
It doesnt matter how many years are left on your H1.
It doesnt matter how many years are left on your H1.
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Green_Print
07-20 01:56 PM
;) Yes my friend, you can change your jobs after 6 months of filing I-485 with I-140 approved.
Can I change my job after 6 months of applying I485 with valid EAD?
I have EB2 I140 approved.
I-485 applied this July.
Thank you.
Can I change my job after 6 months of applying I485 with valid EAD?
I have EB2 I140 approved.
I-485 applied this July.
Thank you.
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jcrajput
07-20 01:58 PM
Thank you.
Is there any risk or limitation?
Is there any risk or limitation?
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Zee
06-14 07:47 AM
Looks like CIR has a rough road ahead:
From immigration-law:
06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1
* AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
* Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
* These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.
From immigration-law:
06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1
* AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
* Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
* These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.
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wandmaker
02-17 06:18 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
In this economy you need to generate good revenue - this is a good revenue for Indian missions'.
BTW, As far as I heard from Indian Consular Officer in Chicago - Indian Mission has a right to issue a 1 year passport, if (1) Your previous passport had < 10 yr validity or (2) you are on a temporary visa (like visiting or tourist) trying to renew it in overseas or (3) you have not stayed outside India continuously for 3 years.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
In this economy you need to generate good revenue - this is a good revenue for Indian missions'.
BTW, As far as I heard from Indian Consular Officer in Chicago - Indian Mission has a right to issue a 1 year passport, if (1) Your previous passport had < 10 yr validity or (2) you are on a temporary visa (like visiting or tourist) trying to renew it in overseas or (3) you have not stayed outside India continuously for 3 years.
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pappu
01-04 11:09 PM
article is here
http://www1.immigrationvoice.org/media/indiapost.pdf
http://www1.immigrationvoice.org/media/indiapost.pdf
perm2gc
12-30 01:29 AM
hello,
My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.
What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
Visa is required when you have to travel outside US and reenter again.You can get as many extensions as possible by the law.visa stamp is not a problem for your next extension.
My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.
What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
Visa is required when you have to travel outside US and reenter again.You can get as many extensions as possible by the law.visa stamp is not a problem for your next extension.
brij523
03-02 06:10 AM
If the company has processed your H1-B and they have fired you. Probably you are entitled for return fare to your home country. Because somewhere under some clause of H1B application, company has to sign that they will give return ticket to employee when the work is done. Please do some home work. Go to USCIS site and look for details needed to file H1-B application. Or if you have your H1 paperwork, look into it. You will stumble on something.
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