GreenCard_Soon
01-02 12:48 PM
Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).
Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?
Thanks !
Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?
Thanks !
wallpaper do read what I write.
belmontboy
10-06 08:47 PM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
HumHongeKamiyab
12-17 08:28 AM
Appreciate your response. Thank you so much.
There is on Ajay chaudhury in houstan.
There is on Ajay chaudhury in houstan.
2011 Zoom and scroll; write in pen
getta05
03-27 04:20 PM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
I am looking to buy a SUBWAY franchise outright costing 200 K
more...
Robert Kumar
10-20 09:57 PM
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
alisa
01-20 03:33 PM
Can you please provide links. And also provide the numbers.
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
more...
lecter
February 27th, 2004, 07:49 AM
oops, I meant a week right??
Oh well....
if people get sick of my comments and critiques ... please let me know....
I will base everything on my lack of knowledge and ability and then we can all learn and grow together......
Plus I'll take some photos for scrutiny by my peers here....
what a bloke..
..............................................rob
Oh well....
if people get sick of my comments and critiques ... please let me know....
I will base everything on my lack of knowledge and ability and then we can all learn and grow together......
Plus I'll take some photos for scrutiny by my peers here....
what a bloke..
..............................................rob
2010 Check it out in full here,
Legal_In_A_Limbo
01-14 05:12 PM
I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
more...
Blog Feeds
01-14 08:20 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhuDBxZhD69WG5s6QmgQvRYSc1dmkFV5WJRBAqlVN4PKnSO04jYF7mOqN8KPFPoRG_LQj4ViHLV2nUFUiA_SnvrDlSnv55aJzJlYi-7lXX4OM4fIk7Wd-nKjfRAuNuEmMtnSnUhLK9p7j0i/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhuDBxZhD69WG5s6QmgQvRYSc1dmkFV5WJRBAqlVN4PKnSO04jYF7mOqN8KPFPoRG_LQj4ViHLV2nUFUiA_SnvrDlSnv55aJzJlYi-7lXX4OM4fIk7Wd-nKjfRAuNuEmMtnSnUhLK9p7j0i/s1600-h/uscisLogo.gif)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary with any type of employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary with any type of employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
hair Check out my quot;Ask An Expertquot;
ilikekilo
03-05 09:22 PM
I dont think we have to panic...if needed gvot will print money for FDIC...heck when they can do it for banks..
more...
agesilaus
September 1st, 2006, 06:36 PM
Nice HDR work
hot way across Canada opening
immi_enthu
08-10 04:47 PM
Approval notice goes to Attorney a courtesy copy to Employer
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
more...
house Canada#39;s Garrett Robertson
ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
tattoo You can read or write reviews
LostInGCProcess
01-16 12:45 PM
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
Agreed.
Agreed.
more...
pictures Check out her latest set
vbkris77
01-25 05:02 PM
It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
dresses Canada as the newest
rajuram
10-25 09:36 PM
Gurus,
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
What is your Appl Recd Date?
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
What is your Appl Recd Date?
more...
makeup or write about it on the open
tdasara
02-08 10:02 AM
Dude
No US educated foreign student qualifies for L1 visa. Microsoft/Intel/Sun are more interested in recruiting foreign students with PhD/MS from US Universities.
Ever checked out a career fair in a big US School?
No US educated foreign student qualifies for L1 visa. Microsoft/Intel/Sun are more interested in recruiting foreign students with PhD/MS from US Universities.
Ever checked out a career fair in a big US School?
girlfriend Check new posts on your
snathan
11-28 12:00 AM
Thanks for your reply. Since I won't be working for Company A, so I have to tell them the situation. If Company A is willing to keep my H1B with them active, until Company B gets my H1B approved, you think that will be OK for me?
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
I dont think the H1B from company A and company B are related. Since you are on OPT which is a valid status, you may not need the H1B from company A. Moreover there is nothing called transfer. Every time its new H1B only you wont be calculated against the cap if you are already in H1B.
Also you dont need to join the company A and technically they can have the H1 valid and need not cancel it. Means you can have multiple H1 valid at the same time. But there are restrictions how many pay roll can run.
Simply, just leave the company A's H1 intact. Once your Company B is approved you can tell them or work for one month and leave company A.
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
I dont think the H1B from company A and company B are related. Since you are on OPT which is a valid status, you may not need the H1B from company A. Moreover there is nothing called transfer. Every time its new H1B only you wont be calculated against the cap if you are already in H1B.
Also you dont need to join the company A and technically they can have the H1 valid and need not cancel it. Means you can have multiple H1 valid at the same time. But there are restrictions how many pay roll can run.
Simply, just leave the company A's H1 intact. Once your Company B is approved you can tell them or work for one month and leave company A.
hairstyles have to check with nissan.
martinvisalaw
07-22 06:01 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
Saralayar
08-05 01:36 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
I wish Pappu's words become true...;)
I wish Pappu's words become true...;)
nogc_noproblem
04-09 04:41 PM
Whether the IO at Port of Entry asked anything about your H1B Visa Stamp?
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
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