eb3bakra
10-12 02:27 PM
There wil be light at the end...
wallpaper by Katharine McPhee / Kara
saravanaraj.sathya
08-19 10:33 PM
Guys plz respond....
sanjose16
02-26 12:56 PM
:confused:
Is there a Risk?
I'm working in Company 'A'. My company is filing for H1 extension for me along with my wife's H4 Extension in the month of April (before that it is not possible it seems - according to lawyer or Imm. dept of company 'A')
Company 'B' is filing H1 visa for my wife on April 1st.
So my question is: Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
If no, should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
Is there a Risk?
I'm working in Company 'A'. My company is filing for H1 extension for me along with my wife's H4 Extension in the month of April (before that it is not possible it seems - according to lawyer or Imm. dept of company 'A')
Company 'B' is filing H1 visa for my wife on April 1st.
So my question is: Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
If no, should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
2011 Read further at: Katharine
when
02-29 12:41 PM
Folks,
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
more...
mbartosik
04-08 06:59 PM
I just spoke with Siva, and the funding might not be the issue with DoL. This might be a case of the "mythical man month" (training more people takes time).
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
theshiningsun
06-15 09:38 PM
hi attorneys,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
more...
Queen Josephine
March 23rd, 2007, 02:15 PM
Hey,
I'm hoping you guys can help me choose a lens. My boss said I could order the new Nikon D40X, and the package options I see are as follows:
body with 18-55 lens & 55 -200 lens OR
body with 18-135 lens.
Which would be better, why, or what factors should I consider in choosing.
Thanks. I have CC in hand, but don't want to order til I here back from my dphoto friends.
QJ
I'm hoping you guys can help me choose a lens. My boss said I could order the new Nikon D40X, and the package options I see are as follows:
body with 18-55 lens & 55 -200 lens OR
body with 18-135 lens.
Which would be better, why, or what factors should I consider in choosing.
Thanks. I have CC in hand, but don't want to order til I here back from my dphoto friends.
QJ
2010 Looks like our American Idol
haisylu
06-16 04:10 PM
I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.
Thanks for your advise.
Regards,
Sylace
Thanks for your advise.
Regards,
Sylace
more...
priya.r
12-24 01:30 PM
Hello,
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
hair Katharine McPhee, Had It All
javadeveloper
07-24 10:41 AM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
company A can continue your GC process while you working for company B,Talk to company A about this.I guess company A asks you to join their company , for that you need to apply H1 transfer from B to A.It's not a big problem talk to company A first.Good Luck
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
company A can continue your GC process while you working for company B,Talk to company A about this.I guess company A asks you to join their company , for that you need to apply H1 transfer from B to A.It's not a big problem talk to company A first.Good Luck
more...
tnite
09-11 09:26 AM
There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
We had LUD's on I485 on 09/5 and I (dependant) had a RFE issued on 09/05.
RFE on AP has nothing to do with I485. As people have mentioned I think USCIS maybe holding off on approving EB2 I/C apps.
Whats your PD/RD/ND/Service center?
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
We had LUD's on I485 on 09/5 and I (dependant) had a RFE issued on 09/05.
RFE on AP has nothing to do with I485. As people have mentioned I think USCIS maybe holding off on approving EB2 I/C apps.
Whats your PD/RD/ND/Service center?
hot Katharine Mcphee, Season 5
Blog Feeds
07-13 12:48 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
more...
house runner-up Katharine McPhee
redmd567
12-06 08:34 PM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
tattoo Looks like our American Idol
justAnotherFile
03-21 01:04 PM
Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
more...
pictures Katharine McPhee: The
LegalIndianInUSA
09-11 03:11 PM
Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
dresses quot;Idolquot; contestants like
xtronics
03-19 10:50 AM
Thank you so much jangolouis
What visa did you apply for H4 or H1?
Also did you call Dept. of state before you got your visa?
Please let me know when you get a chance. Thank you so much again
What visa did you apply for H4 or H1?
Also did you call Dept. of state before you got your visa?
Please let me know when you get a chance. Thank you so much again
more...
makeup Katharine McPhee
nogc_noproblem
04-05 10:39 AM
Provide the details!!!
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
girlfriend Can you spot Katharine#39;s
h1-b forever
04-15 09:08 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
hairstyles 5 alum Katharine McPhee
hpandey
06-27 11:57 AM
One will get a H1-B without I-94 if the person is outside of USA.
so basically you need to go for stamping to the local consulate for the visa.
If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.
Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.
so basically you need to go for stamping to the local consulate for the visa.
If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.
Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.
swaroopmukka
07-24 05:50 PM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
sprash
01-14 02:22 PM
We have seen many recent cases where the employer revokes I-140 and that causes inadvertent issues with a pending AOS application.
With the economy worsening, several companies are going to be forced to lay off employees, many in an amicable way. Also many small companies do not know the legalities and just revoke I-140 to be on the safe side.
I have heard over an over again that companies are not required to revoke I-140, but is there some official documentation that says so? If we have that handy, then in case of a layoff we could point them to the documentation and request them to NOT revoke the I-140 petition.
I tried to look around, but couldn't find any. Does anyone else know?
With the economy worsening, several companies are going to be forced to lay off employees, many in an amicable way. Also many small companies do not know the legalities and just revoke I-140 to be on the safe side.
I have heard over an over again that companies are not required to revoke I-140, but is there some official documentation that says so? If we have that handy, then in case of a layoff we could point them to the documentation and request them to NOT revoke the I-140 petition.
I tried to look around, but couldn't find any. Does anyone else know?
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