sameer2730
02-05 05:45 PM
My parents are going back to India in April'10 just before completion of their 6 months. But they want to come back again after 3 weeks. They have got their visa for 1 year. So they can stay another 4 months on their 2nd trip from May'10 to Aug'10.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.
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needhelp!
11-12 06:29 PM
Sent.
All, please do this. Lets stop this trend before it comes and bites all of us.
All, please do this. Lets stop this trend before it comes and bites all of us.
acecupid
07-08 04:31 PM
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
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greensignal
01-04 02:17 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
more...
wandmaker
08-26 10:49 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
amitpan007
06-22 12:12 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
more...
stillalone
02-03 02:36 PM
ITU is not operating illegally and it is approved by Bureau for Private Postsecondary Education (BPPE) and Authorized by the Student Exchange and Visitor (SEVP) program of the US Department of Homeland Security.
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lord_labaku
09-22 03:56 PM
Your existing PERM is ok as long the acquiring company (successor in interest) keeps you in the same job (almost same job) with similar duties in the same location ( I am not sure exactly on location though it would make sense)
Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.
Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)
Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.
Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)
more...
vban2007
09-17 01:53 PM
The case will be sent back to USCIS and they will decide the further action or you can tranfer you H1b to other employers
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raghaone
07-17 11:13 PM
Dear friends,
Please be careful of corrupt attorneys and employers selling same labor to multiple candidates and making money by filing concurrent cases. I am happy that the substitution labor is dead which kills corruption by employers and attorneys. This is one of my bitter experiences with substitute labor.
Please be careful of corrupt attorneys and employers selling same labor to multiple candidates and making money by filing concurrent cases. I am happy that the substitution labor is dead which kills corruption by employers and attorneys. This is one of my bitter experiences with substitute labor.
more...
Blog Feeds
10-15 12:10 PM
A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
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ameryki
06-18 04:14 PM
as long as you enter the country back on or before Sept 30th 2010 you will be in good shape otherwise you will need a new visa to enter.
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thomachan72
07-08 10:27 AM
We dont need to worry about legality of such posts because there are many review sites for all sorts of professionals online.
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04-19 02:12 AM
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kalyan
06-23 12:50 PM
Those who are on h1 cannot do that as IV is not employer for H1b.
Who are on EAD and above line can do it.
Its my thought.
Who are on EAD and above line can do it.
Its my thought.
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logiclife
03-02 02:26 PM
No.
It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.
It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.
more...
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Blog Feeds
05-03 08:40 AM
Arizona's new immigration law is a bad idea whether you are an anti or a supporter of comprehensive immigration reform. The reasons are different for each but the idea of a state taking crazy measures points to the failure of congress and the administration to take meaningful action to correct what is becoming a system that is failing the immigrant community and our entire nation.
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
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bugsbunny
03-24 03:29 PM
i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
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kevinkris
03-06 12:34 AM
Hi All,
My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.
He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?
Please find IRS article regarding the same.
http://www.irs.gov/newsroom/article/0,,id=204505,00.html
Thanks for your help.
My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.
He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?
Please find IRS article regarding the same.
http://www.irs.gov/newsroom/article/0,,id=204505,00.html
Thanks for your help.
jonty_11
06-19 12:32 PM
link please?
madhu345
07-31 08:25 PM
Just Google Credential evaluation services, you can find couple in your area.
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