sunny1000
10-07 08:21 AM
Hi All
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
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ivgclive
12-10 03:18 PM
Hi ,
I attended H4 VIsa intervew recently at Chennai,India and got Green 221(G) asking for some documents from petitioner. Meanwhile my husband changed the employer and got new I797.
Now at the time of submitting the documents, I understand that I need to submit new I797. But what about the documents stated in 221(G), Do I still need to submit them? If so which petitioner's documents do I need to submit? Old one or new one? As the query was mainly about petitioner and now that the petitioner is changed , do I still need to submit them?
Please advice.
H1 is the petitioner for H4
Does your husband have the visa stamp for the new I-797?
I attended H4 VIsa intervew recently at Chennai,India and got Green 221(G) asking for some documents from petitioner. Meanwhile my husband changed the employer and got new I797.
Now at the time of submitting the documents, I understand that I need to submit new I797. But what about the documents stated in 221(G), Do I still need to submit them? If so which petitioner's documents do I need to submit? Old one or new one? As the query was mainly about petitioner and now that the petitioner is changed , do I still need to submit them?
Please advice.
H1 is the petitioner for H4
Does your husband have the visa stamp for the new I-797?
Ann Ruben
06-24 11:49 PM
USCIS has been "pre-adjudicating" I-485's without current priority dates so that they can be approved expeditiously once priority dates become current. This is likely a waste of effort given that it may be years before many EB-3 priority dates are reached.
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amsgc
05-05 12:41 PM
AFAIK, everybody needs to fill out form I-9.
See here (http://www.uscis.gov/files/form/I-9.pdf).
I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.
My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?
Anybody have such experiences to share?
See here (http://www.uscis.gov/files/form/I-9.pdf).
I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.
My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?
Anybody have such experiences to share?
more...
martinvisalaw
03-18 03:36 PM
1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.
If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.
If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.
bestin
10-24 08:16 AM
Hi
This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?
i.e.
My Name On
FirstName MiddleName LastName
SSN is : RAMAKRISHNA PRASAD BARU
LastName FirstName MiddleName
EAD is : BARU RAMAKRISHNA P
Thanks and appreciate for your help in advance.
Whats wrong with this.Ur last name is still Baru .In my old L2 EAD I see c,a b where c is my last name ,a my first name and b my middle initial.There should be a comma after your lastname in EAD card right?U r OK.
This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?
i.e.
My Name On
FirstName MiddleName LastName
SSN is : RAMAKRISHNA PRASAD BARU
LastName FirstName MiddleName
EAD is : BARU RAMAKRISHNA P
Thanks and appreciate for your help in advance.
Whats wrong with this.Ur last name is still Baru .In my old L2 EAD I see c,a b where c is my last name ,a my first name and b my middle initial.There should be a comma after your lastname in EAD card right?U r OK.
more...
pune_guy
11-20 06:22 PM
Hi Guys,
I am working with company A on H1B, currently on bench (no pay, all vacation used up) and no pay stub. I got an from offer from Company B and have started the H1 transfer process. I would like to know how soon can I join company B. My friend says I can join as soon as USCIS receives the H1B application i.e. as soon as the fedex delivery reciept becomes available I can join the company B.
The lawyer from company B says I need to wait till a reciept notice is received from USCIS.
Who is right? I want to believe the lawyer for obvious reasons (she is a lawyer) but my friend did the similar thing, he joined the day his app was received at USCIS and he was adviced so by his company's lawyer.
A rationale to join on the same day is that when the H1 is approved it will have the start date same as the day USCIS received the app (as that is the requested start date of transfer).
I'd appreciate your inputs.
Thanks
I am working with company A on H1B, currently on bench (no pay, all vacation used up) and no pay stub. I got an from offer from Company B and have started the H1 transfer process. I would like to know how soon can I join company B. My friend says I can join as soon as USCIS receives the H1B application i.e. as soon as the fedex delivery reciept becomes available I can join the company B.
The lawyer from company B says I need to wait till a reciept notice is received from USCIS.
Who is right? I want to believe the lawyer for obvious reasons (she is a lawyer) but my friend did the similar thing, he joined the day his app was received at USCIS and he was adviced so by his company's lawyer.
A rationale to join on the same day is that when the H1 is approved it will have the start date same as the day USCIS received the app (as that is the requested start date of transfer).
I'd appreciate your inputs.
Thanks
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EB3Victim
09-20 10:43 PM
The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:
a second I-140 filing, if an initial I-140 remains pending
a labor certification substitution request
a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.
Go through the below link
http://www.murthy.com/news/n_eb3140.html
a second I-140 filing, if an initial I-140 remains pending
a labor certification substitution request
a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.
Go through the below link
http://www.murthy.com/news/n_eb3140.html
more...
ragz4u
04-26 11:59 AM
http://www.whitehouse.gov/news/releases/2006/04/20060425-8.html
THE PRESIDENT: I want to thank the members of the United States Senate for joining on a very important discussion, and the discussion was how to get a comprehensive immigration bill out of the United States Senate.
I will report to the American people that there is a common desire to have a bill that enforces the border, a bill that has interior enforcement -- in other words, a bill that will hold people to account for hiring somebody who is here illegally -- but a bill that also recognizes we must have a temporary worker program, a bill that does not grant automatic amnesty to people, but a bill that says, somebody who is working here on a legal basis has the right to get in line to become a citizen.
http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-250h.jpg (http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-515h.html) I thank the members, both Republicans and Democrats, for taking on this really hard, hard assignment. It's important that we reform a system that is not working. It's important that we uphold the values of the United States of America. It's important that we treat people with dignity.
And I strongly believe that we have a chance to get an immigration bill that is comprehensive in nature to my desk before the end of this year.
And again, I want to thank both the Republicans and Democrats for the spirit of hard work. I particularly want to thank Senator Kennedy and Senator McCain for taking the lead on this important bill on the floor of the United States Senate. And I assured the members that I look forward to working with them as they try to get a bill out of the Senate by Memorial Day and into conference.
Thank you all.
THE PRESIDENT: I want to thank the members of the United States Senate for joining on a very important discussion, and the discussion was how to get a comprehensive immigration bill out of the United States Senate.
I will report to the American people that there is a common desire to have a bill that enforces the border, a bill that has interior enforcement -- in other words, a bill that will hold people to account for hiring somebody who is here illegally -- but a bill that also recognizes we must have a temporary worker program, a bill that does not grant automatic amnesty to people, but a bill that says, somebody who is working here on a legal basis has the right to get in line to become a citizen.
http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-250h.jpg (http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-515h.html) I thank the members, both Republicans and Democrats, for taking on this really hard, hard assignment. It's important that we reform a system that is not working. It's important that we uphold the values of the United States of America. It's important that we treat people with dignity.
And I strongly believe that we have a chance to get an immigration bill that is comprehensive in nature to my desk before the end of this year.
And again, I want to thank both the Republicans and Democrats for the spirit of hard work. I particularly want to thank Senator Kennedy and Senator McCain for taking the lead on this important bill on the floor of the United States Senate. And I assured the members that I look forward to working with them as they try to get a bill out of the Senate by Memorial Day and into conference.
Thank you all.
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Roni
06-11 10:43 PM
My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
more...
enggr
10-06 03:06 PM
Readers,
My I-797 expires on Dec 20th 2008
My 6 year term of H1b is between 2004 Oct till 2010 Sep
My previously filed PERM & I-140 are under the verge of rejection due to a pending RFE.
I am planning to file another PERM. Even though I'm trying to do it ASAP, I'm wondering whether I have an advantage on filing new PERM before Dec 20th 2007.
While applying for H1B extension in Dec 2008, If I have an approved labor/pending I-140 I thought I could request for 3 year extension. If I don't have labor/I-140 pending I can only request for 20 months extension (as my 6 year H1B term ends on Sep 2010)
I read from a site that...
"One in H1B/H-4 status can extend to the end of the 6-year limit, and then take advantage of the provisions allowing extensions beyond the 6-year limitation, if the labor certification or I-140 was filed at least a year earlier."
When I asked this question to my attorney he said
You can file for an H-l B visa extension up to 6 years. You can only file for an extension past the 6th year if your labor certification and/or I-l40 was pending for more the 365 days prior to the 6th year on your H-lB Visa status. If not and your labor certification is approved and the I-l40 is pending then you can only request an extension in one (l) year increments only until a final decision is made.
So does this mean I can only request for a 12 month extension if labor/I-140 is pending on Nov 2008?
Readers, Please provide me your guidance....
Thanks in advance
My I-797 expires on Dec 20th 2008
My 6 year term of H1b is between 2004 Oct till 2010 Sep
My previously filed PERM & I-140 are under the verge of rejection due to a pending RFE.
I am planning to file another PERM. Even though I'm trying to do it ASAP, I'm wondering whether I have an advantage on filing new PERM before Dec 20th 2007.
While applying for H1B extension in Dec 2008, If I have an approved labor/pending I-140 I thought I could request for 3 year extension. If I don't have labor/I-140 pending I can only request for 20 months extension (as my 6 year H1B term ends on Sep 2010)
I read from a site that...
"One in H1B/H-4 status can extend to the end of the 6-year limit, and then take advantage of the provisions allowing extensions beyond the 6-year limitation, if the labor certification or I-140 was filed at least a year earlier."
When I asked this question to my attorney he said
You can file for an H-l B visa extension up to 6 years. You can only file for an extension past the 6th year if your labor certification and/or I-l40 was pending for more the 365 days prior to the 6th year on your H-lB Visa status. If not and your labor certification is approved and the I-l40 is pending then you can only request an extension in one (l) year increments only until a final decision is made.
So does this mean I can only request for a 12 month extension if labor/I-140 is pending on Nov 2008?
Readers, Please provide me your guidance....
Thanks in advance
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minimalist
07-26 12:24 AM
I think it costs as much as new application.
_____
Not a lawyer
EB3-I May 2006
Contributed $100
_____
Not a lawyer
EB3-I May 2006
Contributed $100
more...
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Anil_s
09-07 11:00 AM
Hi,
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
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India_USA
04-26 03:38 PM
My friend's on her 6th year H1B and it will expire on Sept 10, 2010. A PERM labor was filed and the Labor went into an audit, responses were sent immediately.
If she transfer her H1B to new company.
1. Can she ask for 1 year extension based on her pending labor ? Does she need to wait till the labor gets approved ?
2. Can she use Premium Processing for H1 transfer?
If she transfer her H1B to new company.
1. Can she ask for 1 year extension based on her pending labor ? Does she need to wait till the labor gets approved ?
2. Can she use Premium Processing for H1 transfer?
more...
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sanz
03-10 04:06 PM
Everything makes sense to us ... i hope some sense comes tot he folks manning the immigration process.
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sdrblr
07-19 05:41 PM
not necessarily
more...
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lonedesi
09-22 02:48 PM
http://www.immigration-law.com/
Under Breaking News
Under Breaking News
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Waitng4GC
03-24 08:47 PM
Recently my employer has decreased the hourly rate given for many years in the pay stub but providing the difference as bonus. Will it affect my EB2 Classification and I-485 approval.
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gcwait2007
03-22 12:14 AM
Can you please post details of your PD and EB category and other details?
royus77
07-11 09:30 PM
I am new to this forum. Just registered myself. I hv a question if u guys can help. I got an RFE for I485 for employment verification. Lawyer says he sent the employer verification letter with his signature instead of employers bec employer has given him authorization to do so. can anyone do like this. does this pose a problem for my I485 approval. Please help.
Your attorney is more knowledgeble than most of the members here . Keep him if you have confidence else change him .
Your attorney is more knowledgeble than most of the members here . Keep him if you have confidence else change him .
thomachan72
07-14 02:02 PM
Hi Guys,
A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.
I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.
Can i really do the above or am i getting too optimistic.
Please reply soon as i have to make some really quick decisions.
Regards
N
your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.
A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.
I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.
Can i really do the above or am i getting too optimistic.
Please reply soon as i have to make some really quick decisions.
Regards
N
your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.
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