sac-r-ten
02-17 10:18 AM
As per my knowledge as long as H1B extension is applied and is in pending status you can stay/work. Is it a perm or regular case? I had my perm approved in 2 weeks. Last time my employers did a regular and it took approx 3 months.
If it gets rejected then you can use EAD, if you have one. Otherwise i think you have to leave the country in 30 days (or 15 days, i am not sure abt this).
If it gets rejected then you can use EAD, if you have one. Otherwise i think you have to leave the country in 30 days (or 15 days, i am not sure abt this).
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oliTwist
12-12 05:24 PM
There was another thread on this change.gov already and we posted some of our stories in there. This I think will work and can be done by all sceptics here.There is no harm in writing abt your story and get their attention to our plight.
singhsa3
08-08 12:58 PM
Folks,
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
2011 merchant of venice 15.jpg
sachya
08-19 05:30 PM
Thanks all for your responses.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
more...
sw33t
07-29 10:42 PM
If you are from Texas, please join the Yahoo Groups for the Texas State Chapter of ImmigrationVoice.
http://groups.yahoo.com/group/texasiv
We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.
If you are not from Texas, please Bump this thread so people from texas can see it.
Thank you.
http://groups.yahoo.com/group/texasiv
We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.
If you are not from Texas, please Bump this thread so people from texas can see it.
Thank you.
kshitijnt
06-03 07:22 PM
No it is normal. I also got AP same day, mine was going to expire 28-Aug. Same validity - 20 -may.
But I dont care, because for me only expense is photographs and mail charges. I filed under new fee structure.
But I dont care, because for me only expense is photographs and mail charges. I filed under new fee structure.
more...
B+ve
04-09 08:55 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
2010 Merchant of Venice - Image 1
.png "Transport Map Of Venice")
purgan
04-05 05:26 AM
I hope so but I don't tink H4 can get financial aid. If perhaps you can get your child as a parolee, there is a possibility...but there are technicalities there as well
more...
meridiani.planum
05-15 06:42 PM
(one last bump up...)
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
hair Canals of Venice
pibeeneri
12-20 05:44 PM
And yes I Have The Lin Number... The Officer Told Us By Phone...
more...
engineer
11-02 01:06 PM
I sent invite to 50-60 people..please do same..
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pani_6
11-11 12:33 PM
With the elections changing the senators..we have to contact the new senators to pass our bills..so we need to write to new and important senators to pass the Bills...I was wondering if anybody had a list of new senators and thier addresses so that we would write a letter...sign in by hand and post...I have allways seen that sending sending Fedex is better that sending 37 cents stamped letter...but at least we should send in the 37cent letter..
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
more...
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eilsoe
09-28 12:54 PM
because digital drawing with the mouse is f****** hard...
nless u have a toned down piece of lineart beneath.. i'd love to own a wacom... it'd make things alot easier...
nless u have a toned down piece of lineart beneath.. i'd love to own a wacom... it'd make things alot easier...
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ranand00
07-13 02:20 PM
Hi
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
more...
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surya.kant
06-19 01:42 PM
My Client due to some reasons unable to offer fulltime position . But they are extending my project bt 2- 2 months . Now they extended till Aug 2009 . My visa is expiring in sep 2009 .
Should I ask my employer to file extention Now ? or should I file in August ?
If there is a chance that client will offer fulltime job in next 2 months, consider waiting till aug for h1 extesnion, otherwise file for extension now. CIS may need end client letter for H1 extension.
Surya
Should I ask my employer to file extention Now ? or should I file in August ?
If there is a chance that client will offer fulltime job in next 2 months, consider waiting till aug for h1 extesnion, otherwise file for extension now. CIS may need end client letter for H1 extension.
Surya
dresses Thomas Moran - View Of Venice
Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
more...
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furiouspride
08-01 03:31 AM
You will have to staple the old passport to the newer one and carry both of them at all times. The visas on the previous passport will not be transferred over to the new passport.
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immilaw
09-14 08:51 AM
Here is my situation.....
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
The portability of I-140 priority date should be done at the time the I-140 is filed. So when your EB-2 I-140 was filed, you should have requested it at that time. There is a column on the Form I-140 which asks if an I-140 was ever approved on behalf of the beneficiary.
Why don't your file your H-1B extension now using Premium Processing? It will be approved for 3 years in 10-15 days then then you can think about porting your EB-2 priority date to EB-3.
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
The portability of I-140 priority date should be done at the time the I-140 is filed. So when your EB-2 I-140 was filed, you should have requested it at that time. There is a column on the Form I-140 which asks if an I-140 was ever approved on behalf of the beneficiary.
Why don't your file your H-1B extension now using Premium Processing? It will be approved for 3 years in 10-15 days then then you can think about porting your EB-2 priority date to EB-3.
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sertasheep
05-27 03:10 PM
.bumping
dilber
08-18 12:05 PM
Thanks Kondur, I appreciate your response I will go to the airport and see if I can get it fixed. Gave you some green for such a prompt reply.
hibworker
01-24 03:51 PM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
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