sircaustic
07-24 08:49 AM
so should I be answering "Yes" to all three questions? No sure if that would be correct though...
wallpaper wallpaper vector : Flower
karan2004m
12-01 03:46 PM
I have the exact same scenario :(
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
fittan
04-23 01:14 PM
If unsure, go with the lease date. No harm informing USCIS earlier. I've changed my address before and trust me...it is a freaking mess. Here's my advice:
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
2011 Gemini Floral-Grass;
milind70
06-21 01:48 PM
My friends recently went to the consulte in Nogales to get their H1B stamped and they told me that we can enter Nogales with out any visa ... You might want to explore that or find any other places that are closer to where u live and do not need a visa to get a new I94 ...
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
Nogales is in Mexico,i think u require a mexican visa to enter Nogales.
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
Nogales is in Mexico,i think u require a mexican visa to enter Nogales.
more...
vik123
01-18 09:02 PM
check murthy.com forum for the rate of approvals of I-140.
Blog Feeds
02-10 08:50 PM
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.
Background
On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.
In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)
The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.
This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.
Requirements in the Statute
The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
A. Temporary Increase in the Number of Professional Visas Available
There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
B. Electronic Postings
LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
C. Attestations Required for Employers Dependent Upon Foreign Professionals
U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.
The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.
H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
D. Increased Enforcement and Penalties for Violations
The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
E. Back Benching H-1B Employees
Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
F. Benefits
Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
G. Additional Fee for Use of H-1B Program
Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
H. Prevailing Wage Computations
For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
I. Academic Honoraria
Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.
Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!
More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)
more...
akhilmahajan
08-07 09:20 AM
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
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fromnaija
03-18 04:53 PM
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
more...
sioux
12-21 08:34 AM
There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
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augustus
07-15 04:29 PM
It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
more...
kaisersose
03-19 02:58 PM
There are several instances when a denial notice was sent, but the website continued to show the status as pending.
So if a denial letter has been received, then the website status means nothing.
So if a denial letter has been received, then the website status means nothing.
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cooler
07-07 03:23 PM
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
more...
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dreamworld
11-07 12:44 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
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jsb
10-30 04:08 PM
I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.
Thanks
-Kiru
From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.
Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.
Thanks
-Kiru
From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.
Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.
more...
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freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
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reddy_h
02-10 05:53 PM
You can sponsor for your parent's visitor visa for your graduation ceremony.
more...
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bimboywade
11-13 10:04 AM
No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
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140jibjab
01-11 12:24 PM
You wil need to Update your Biographic information(there is a form # for it) for your I485 application. It is not mandatory. But is adviced to do so. Why are you hesitating to update your I485 to drop your spouse?
US consulate in India will not have the information regarding I485.
Thanks So much for the Answers.
Can you please answer one more Question?
I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?
Thank you again
US consulate in India will not have the information regarding I485.
Thanks So much for the Answers.
Can you please answer one more Question?
I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?
Thank you again
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virald
08-05 02:44 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
lecter
December 21st, 2007, 06:35 AM
Interesting post.
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
sam_hoosier
09-15 12:40 PM
Were there some problems with the case ? RFEs ??:confused:
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